MARUTIRAO GOVINDRAO Vs. NATHMAL JODHRAJ

JUDGEMENT

(1.) THE applicant Marutirao Govindrao Kunbi instituted a suit for pre-emption against non-applicant 1 Nathmal and non-applicant 2 Narayandas. One Babulal owned field survey No. 8/l. The plaintiff-applicant is a co-occupant and claims pre-emption as Babulal Naranyandas sold the field to Nathmal on 19th June 1944.

(2.) THE plaintiff-applicant denied the consideration as stated in the sale-deed and stated that the real value of the property was Rs. 1300 though the sale deed mentions Rs. 4000. He further stated in the plaint that the allegation in the sale deed that the field was let out to defendant 2, Narayandas by lease deed dated 17-2-1944 was false. According to the plaintiff the lease deed dated 17th February 1944 is bogus and has been obtained from the original vendor by defendants l and 2 collusively with a view to clogging the plaintiff's right of pre-emption. Defendant 2 is a near relation of defendant 1. The field is in the possession of defendant 1 since the purchase, and defendant 2 was never in possession by virtue of the alleged lease. He therefore claimed pre-emption on payment of Rs. 1300 or such other amount as would be fixed, and he prayed that be should be placed in possession of the field by having it declared that the lease deed dated 17th February 1944, said to have been executed in favour of defendant 2, by the original owner of the field was bogus and did not in any way affect the plaintiff's right of pre-emption.

(3.) THE lower Court, however, held by its order dated 15th November 1944, that the genuineness or otherwise of the lease deed could not be gone into in a pre-emption suit. It therefore discharged defendant 2 from the suit and is proceeding with the suit for pre-emption only. It is against this order that this application for revision is filed in this Court.