KALYAN Vs. MTDESRANI

JUDGEMENT

(1.) These appeals arise out of two suits for pre-emption, the plaintiff in each case being Mt. Desrani, and the defendants being Kalyan and Paras Ram. In order to understand the situation of the parties at the time these suits were brought, it is necessary to set out the following facts.

(2.) The second defendant to these suits, Paras Ram, had two cousins named respectively Parmanand and Pahalwan. When Parmanad and Pahalwan died they were succeeded by their respective widows and it is made to appear that these widows during their lifetime alienated the property of their husbands by sale in favour of certain third parties. When Parmanand and Pahalwan died, Paras Ram, the second defendant here, was the nearest reversioner. He was anxious to recover possession of the properties which had been alienated as above stated by the widows of Parmanand but he had not the funds necessary to institute the suits which had to be brought in order to enable him to recover possession.

(3.) In these circumstances on the 13 of September 1923, he executed two sale- deeds in favour of the defendant, Kalyan. By one of these deeds he purported to transfer by sale a portion of the zemindari share which had belonged to his cousin Pahalwan. By the other document in a similar way he purported to transfer a portion of the zemindari property which had belonged to Parmanand.