CH MANPHOOL SINGH Vs. CHRAM BILAS

JUDGEMENT

(1.) This is a preemptor's appeal, and the only question is whether a certain transaction arms the vendee with a right to resist pre-emption.

(2.) The sale-deed in dispute was executed on 17 June 1942, for a sum of Rs. 4000. On 16 June 1942 that is, a day earlier, the vendee acquired from the vendors some property under an exchange. The land which was conveyed by the vendors, appears to be protected land, within the meaning of Section 24, of the Regulation of Agricultural Credit Act (Act 14 [xiv] of 1940). It is this section which is the fruitful source of controversy in this case.

(3.) The learned Munsif found that the necessary steps, which were required for an alienation within the meaning of this Act, were not taken. The learned Civil Judge held otherwise.