JAI NARAIN MISRA Vs. PHAL NARAIN

JUDGEMENT

(1.) The facts of this second appeal, which has been preferred by a vendee in a preemption suit, are slightly complicated. They are, however briefly these : On 30- 9-1939, Brij Behari executed a sale deed in favour of Jai Narain Misra. A suit to pre-empt the sale was brought by Phal Narain on 30-9-1940. This was suit No. 350 of 1940.

(2.) The vendee resisted the suit on a variety of allegations, but it was ultimately decreed by the learned Munsif on 22-9-1942.

(3.) It is necessary to follow the fate of another sale of 19-1-1940. By it, some property in the same mahal, in which the property embraced by the earlier sale lay, was sold by the same vendor to the same vendee. The same pre-emptor preempted it, too. This was suit No. 139 of 1941. The vendee set up another sale of 34-11-1940, as a shield. He pleaded that this sale gave him the status of a cosharer, a part from the other two sales, and armed him with a right to resist preemption. The learned Munsif decreed the suit by his judgment of 3-2-1943.