RANJIT SINGH Vs. BHAGWATI SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for pre-emption. The lower appellate Court has found that when this sale-deed was executed the plaintiff was present there all along; that in fact he took an active part in obtaining the sale- deed, and that his own nephew, who is a member of a joint Hindu family with him, is one of the vendees under this sale-deed.

(2.) It has further found impossible to believe that when the sale was advertised in the whole village, and a large number of villagers took steps to raise large sums of money in order to acquire the property, the plaintiff remained uninformed as he professed to be. On these findings it has held that the plaintiff's claim for pre- emption is barred by estoppel.

(3.) There can be no doubt that having regard to the findings arrived at, there is a clear estoppel against the plaintiff. Having himself taken an active part in procuring the sale-deed covering the property in dispute, he cannot now turn round and claim that he has a right of pre-emption left.