RAM CHARAN LAL Vs. DHARAM SINGH

JUDGEMENT

(1.) These two appeals are connected and are plaintiff's appeals arising out of two suits for pre-emption based on two separate sale-deeds.

(2.) On the 1 of December, 1919, two sale-deeds of two separate properties were executed in favour of the same vendee, and on the same date two agreements were executed by the vendee in favour of the vendor promising to re- transfer the properties conveyed for the amounts of the purchase-money if they were paid between the years 1340 and 1345 Fasli. The plaintiffs treated both these transactions as separate transactions and brought the suits for pre-emption of the ground that the property had been sold away.

(3.) On behalf of the defendants the existence of the alleged custom was denied and it was further pleaded that the custom, even if it existed in the village, would not apply to such a transaction. Both the courts below have held that the custom of pre-emption exists in the village, but that, the transactions in question being only mortgages by conditional sale, they were not liable to pre-emption.