KEHAR SINGH Vs. JAHANGIR SINGH

JUDGEMENT

(1.) After hearing counsel for the parties in this case, we have decided that the appeal must prevail. The facts may be briefly stated. The suit for pre-emption was filed on the 7 September, 1922, to pre-empt a sale, which was carried out on the 19 September, 1921.

(2.) On the 14 September, that is one week after the suit had been filed the vendee re-sold the property to the vendor, and on the 11 October, 1922, he put in a written statement saying that the plain tiff had no cause of action inasmuch as he the vendee, had got rid of the property by re-transferring it to the vendor. The Court of first instance applied the doctrine of lis pendens and decreed the suit. The lower Appellate Court has reversed the first Court's finding on the strength of the ruling to be presently referred to that the doctrine of Us pendens did not apply.

(3.) In our opinion the decision of the Court below is erroneous. The case upon which the lower Appellate Court relied is reported in Herkeshi V/s. Mewa Ram A.I.R. 1923 All. 294.