BHAIRO TEWARI Vs. RAMNATH RAI

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit to pre-empt two transactions, dated the 18 June 1919 and the 16 September 1919, in the form of perpetual leases. It was conceded on behalf of the plaintiff that there was no custom of pre- emption with respect to leases but his case was that these transactions were In effect sale-deeds in the garb of leases and were, therefore, liable to pre-emption.

(2.) On behalf of the defendant it was denied that these transactions were sale transactions. It may now be taken as undisputed that if these transactions were sale transactions, then the defendants admit that they were liable to pre-emption.

(3.) Both the Courts below, however, came to the conclusion that these two transactions were sale transactions and not leases. They accordingly decreed the suit.