SITARAM BHAURAO DESHMUKH Vs. SAYAD SIRAJUL KHAN

JUDGEMENT

(1.) This suit was filed by the original plaintiff, a Mahomedan, against four Hindus, alleging that as the owner of a twelve-annas share in the inam villages of Vahal and Patowdhi in the Panvel Taluka, in which His brother the late Abdul Hak was the owner of the other undivided four-annas share, he was on account of a contract entered into by Sirdar Ali Khan the executor of Abdul Hak for the sale of the latter s four-annas share to the defendants entitled under the Mahomedan law to a right of pre-emption of the four annas share which had passed into the possession of the defendants under a sale-deed executed by their vendor.

(2.) The contract of sale was entered into on the 14th of October 1908 and on the same date a letter was sent by the executor of Abdul Hak, the vendor, to the plaintiff intimating that he had sold the quarter share in the villages to the defendants for the sum of Rs. 29,999. That letter stated that as the plaintiff was the Inamdar of the three-fourth share in the villages, the executor gave him notice that if he was desirous of purchasing the villages for the sum to be paid by the defendants, he should send a cheque for Rs. 29,999 by return of post and in the event of his not replying to the letter or paying the money within two days after receipt there-of the writer would close the bargain and obtain the sale proceeds.

(3.) The contract of sale of the same date was addressed by the defendants to their vendor. It recited that they had paid that day Rs. 1,000 as earnest money and would pay Rs. 14,000 on the 17th of October and the remaining Rs. 15,000 after about twenty days following the 17th of October and would take a pacca deed of sale, bearing the expenses of stamp and registration. It recited that certain documents of title had that day been obtained from the vendor and stipulated that the vendor should also give them a copy of the notice sent that day to the owner of the three-quarter share in respect of the sale of the vendor s share and the receipt of the acknowledgment which would be received from him. Then follows this passage:-" We have purchased your said share with the arrears of rent due from the tenants up to this day and with the crops of the current year for the above mentioned Rs. 29,999. If the owner of the three-fourth share is willing to purchase your said share and if you and he agree to the purchase, you should immediately return us the rupees which you have received from us".