SHEO NANDAN Vs. BALGOBIND MISRA

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for pre-emption. The vendor, Gaya, was a zemindar of patti Subhao. He executed two sale deeds in favour of defendants Nos. 2 and 3 and defendant No. 7, respectively. Under tie first sale deed he purported to sell his 2 annas and 8-pies share in the patti, and under the second a number of plots specified therein as fixed-rate holdings. The defendants Nos. 2 and 3 are the Sons of Sheo Nandan, defendant No. 1, and defendant No. 7 is his wife. The plaintiffs brought this suit to pre-empt both these transfers on the allegation that they together constituted one transaction in favour of the defendant's family. There was also some dispute as to the actual sale consideration. The plaintiffs alleged that they were co-sharers in the same patti with the vendor and under the custom prevailing in the mahal they were entitled to pre-empt the sale.

(2.) On behalf of the defendants the existence of the custom of pre-emption was denied, it was pleaded that the sale considerations were truly entered in the two documents and that these were separate transactions, It was further pleaded that the plaintiffs were precluded under the provisions of Section 9 of the Agra Tenancy Act from saying that the plots were not fixed-rate holdings but zemindari properties, and that there being no custom for, pre-emption with respect to tenancy holdings the claim with respect to these plots was not maintainable.

(3.) The Court of first instance decreed the claim holding that there was a custom pf pre-emption in the village, that the fixed rate tenancies had become properties interests and were liable to pre-emption appeal the learned District Judge accepted the findings of the Court of first instance and dismissed the appeal.