PARAS RAM Vs. NEKSAI

JUDGEMENT

(1.) We think the judgments of both the Courts below in this case are wrong. The suit was a suit for pre-emption and the transfer in respect of which the right of pre-emption was claimed was described as being a transfer by way of sale. Both the Courts below were of opinion that this transfer was "tantamount to a sale" and, therefore, preemption was allowed.

(2.) The facts may be stated very shortly as follows: By an arrangement which was made under a compromise decree one Jagarnath became liable to transfer a one pie-share of property which was coming to him, to one Puran to whom the other party to the decree in that compromise suit owed a sum of Rs. 545.

(3.) Jagarnath, having got the property and being in a position to transfer this one pie share to Puran, as he was bound to do under the terms of the compromise decree just referred to, failed to convey it to Puran. Puran then resorted for help to three men, Paras Ram, Achhru and Phundi Lal and it was arranged between them that a suit should be brought against Jagarnath's representatives (Jagarnath having died in the meantime) in order to make them hand over the one pie share which Jagarnath had been under an obligation to convey. And so there was a suit between Puran and his three associates on the one side ranged as plaintiffs and Jugul Kishore and Har Das the representatives of Jagarnath who were arrayed as defendants The result of this case was a compromise upon which a decree was passed and the effect of the decree was that the two defendants, the representatives of Jagarnath, were under the duty of handing over a 12 krants share to Puran and the other three plaintiffs.