RAGHUNATH SINGH Vs. NAKI RAM

JUDGEMENT

(1.) This is a pre-emptors appeal and the question argued before me is an interesting question of some importance.

(2.) A sale-deed was executed on 6-3-1944, in favour of Nekiram and others by one Mathuralal. On 6-3-1944, there was an exchange between the vendees, on the one side, and one Neta, on the other, under which Neta transferred three biswas in one mahal, in exchange for three biswas in three different khewats.

(3.) The plaintiffs brought a suit for pre-emption. Among the pleas raised in defence was a plea that the exchange conferred an indefeasible title and armed the vendees with the right to resist the suit for pre-emption.