GOKULDAS MOHANLAL MAHESARI Vs. NAMDEO TUKARAM

JUDGEMENT

(1.) THIS is an appeal by defendant 1 in a suit for pre-emption. The field in dispute belonged to defendants 2 and 3. They sold it to defendant 1 on 12-4-1939. The plaintiff seeks to preempt and the only question before me is the price of pre-emption.

(2.) BOTH sides agree that the plaintiff must pay the "fair consideration" after the Court has "examined the transaction." The only question is what is the "fair consideration" in this case.

(3.) IN pursuance of this agreement the sale in suit was executed on 12-4-1939. The recitals set out the facts stated above and set out the consideration for the sale as Rs. 100. The lower Courts both held that the market value of this property is Rs. 180 but fixed the price of pre-emption at Rs. 100 because that was the price mentioned in the deed.