RAJJO Vs. LAJJA

JUDGEMENT

(1.) This is a pre-emption appeal and the appellant is the defendant who was impleaded in the Court of first instance as the purchaser of the lands sought to be pre-empted. Her name is Mt. Rajjo.

(2.) The case of the plaintiff, whose name is Lajja, was based upon a transaction which was entered into on 23 September 1924, and which is described as a sale. The document was executed in favour of Mt. Rajjo by another lady, Mt. Bharto.

(3.) It is necessary to explain who these ladies were. The last male owner of the property in dispute was one Harbans who died leaving his mother, Mt. Rajjo, and his widow, Mt. Bharto. It is admitted that after Harbans death there were disputes between these ladies and eventually Mt. Rajjo, having been ousted from possession of the portion of Harbans estate of which she had been in occupation was obliged to file a suit for maintenance against Mt. Bharto, the widow. It is admitted that Mt. Rajjo got a decree for maintenance at the rate of Rs. 150 a year against Mt. Bharto and this maintenance was declared by the decree of the Court to be a charge on the estate of Harbans in the possession of his widow.