RAM KRIPAL Vs. SHRI KRISHNA DEO PRATAP SINGH

JUDGEMENT

(1.) This is an appeal by a defendant-Yendee arising out of a pre-emption suit. The facts are as follows : On 25-3-1943, Kedar Nath, defendant 2, sold to Ram Kirpal, defendant 1, who is the appellant before us, the following properties for an ostensible consideration of Rs. 70 : (1) One-sixth share of a grove situated in plot No. 161 containing eight mango and one jamun trees. (2) One-third share of the scattered mango, mahua and jamun trees situated on plots Nos. 851, 802, 798 and 704. (3) One-third share of a tamarind, a banian and a nim tree situated on Abadi plot No. 755. All the above properties are situated in village Amrahin.

(2.) The plaintiff brought a suit for pre-emption on 24-3-1944, that is to say, on the last day of limitation, alleging that there was a custom in the village according to which a ryot could not sell any grove or scattered trees to any one so long as the zamindar was willing to purchase it on a reasonable price. In support of this, he relied upon the entry in the wajib-ul-arz of 1875 for this village. The plaintiff is a co-sharer in mahal Ghair-Khwahindgan of this village. Further, he contended that the real consideration which passed was Rs. 50. He, therefore, claimed the pre-emption of the above properties on payment, of Rs. 50 or such sum as the Court may determine.

(3.) The vendee pleaded inter alia that as no proprietary interest in land had been sold no pre-emption could be claimed. It was pointed out by him that only a tenancy grove and some scattered trees had been sold.