SHANKAR LAL Vs. KIRARI MAL

JUDGEMENT

(1.) On the 7 January 1930 the second and third defendants sold to the first defendant, who is the appellant here, certain property situated in. two mahals Gobind Ram and Baqi Manda. The sale of these items of property wag made by one deed.

(2.) Five plaintiffs brought a suit to preempt this sale. Of these, plaintiffs Nos. 1, 2 and 3 had no share in mahal Baqi Manda. Plaintiff Nos. 4 and 5 had shares in both mahals. At the time of the purchase the vendee had no share in either mahal and this was the state of affairs at the time the suit was brought."

(3.) During the pendency of the suit the, vendee got a transfer made in his favour of certain property situated, in both the mahals. This transfer purported to be by way of gift. The Court of first instance, however, held that the transfer was not in reality a gift but was in fact a sale and this view has been affirmed in appeal by the lower Appellate Court.