RANI Vs. MANNI LAL AND PARBATI

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for pre-emption.

(2.) The plaintiff and the vendor in this case are co-widows and they admittedly are co-sharers in the plot described as grove which has been sold. Both the courts below have decreed the suit holding that there is a custom under which a hissedar karibi is entitled to preference as against other co-sharers and that the present plaintiff comes within the definition of the expression hissedar karibi of the vendor. The defendant transferee is also a co-sharer in the same grove but is not in any way related to the vendor. There is now before us no dispute as to there being a right of pre-emption with regard to the sale-deed. The only question is whether the plaintiff has preference as against the transferees. Both the courts below have come to the conclusion that having regard to the fact that these ladies belong to the same Hindu family and by marriage have become members of the family, they are hissedar karibi of each other.

(3.) On behalf of the defendants it is contended before us that the word karibi means a blood relation and that, therefore, the plaintiff and the vendor, who are connected with each other only through marriage, are not blood relations. The word karibi is derived from the word karib which is defined in Wilson's glossary as meaning near, near to; also near in relationship, a kinsman, a relative, a connection by birth or marriage, excepting the relation of parent and child.