BHAGWAN SAHAI Vs. NANAK CHAND

JUDGEMENT

(1.) Both these appeals arise out of a suit for pre-emption which was brought by one Moti Ram now represented by Nanak Chand and others. It appears that on the 17 of October 1922 the Defendants Nos. 2 to 6 in the suit sold certain zamindari property to one Ram Lal for the sum of Rs. 4,830. On the 7 or 8 of October 1923, Moti Ram filed his suit for pre-emption. On the 13 of October 1923, a rival suit for pre-emption was filed by Risaldar Major Bhagwan Sahai who is the appellant before us. After this, that is to say, on the 20 of October 1923, we find that Ram Lal the original purchaser sold the property to the Risaldar for the sum for which he himself had purchased.

(2.) Moti Ram having become aware of this transfer to the Risaldar impleaded Risaldar Bhagwan Sahai as a defendant in his suit. He also amended his plaint and pleaded that the transfer to the Risaldar was collusive and that in any case he had a better right to pre-empt the property than Bhagwan Sahai. It is further to be noted that Bhagwan Sahai having obtained a conveyance from Ram Lal withdrew his suit on the 14 April 1924.

(3.) It has been found by the Courts below, and there is no dispute, that so far as the right to pre-empt was concerned Moti Ram and Bhagwan Sahai stood on the same footing; each had an equal right to prompt the sale in question.