ABDUL RAHIM Vs. TUFAN GAZI

JUDGEMENT

(1.) The plaintiffs are the appellants in this appeal. They instituted the suit which has given rise to this appeal for recovery of possession on declaration of their right of pre-emption in respect of a 4 annas share in a tank with its banks. The entire tank with its banks at one time belonged to the plaintiffs who in Sravan 1325 sold a 6 annas share of the same to defendant 1. There was a condition in the sale-deed, which, translated literally, runs: Be it mentioned that if any necessity arises for you (i.e., vendees) to sell the tank and its banks, you shall not be entitled to sell the same anywhere else : on receipt of proper price you will give the same to us (i.e., the vendors); and also if any necessity arises for us to sell them instead of selling them elsewhere we shall sell them to you on receiving proper price.

(2.) The plaintiffs case was that in violation of this stipulation defendant 1 sold a 4 annas out of the share purchased by him to defendants 2 to 6, and coming to know of it they made the necessary demands, namely, the talab-i-mowasibat and the talab-i-ishtishhad and then instituted the suit.

(3.) Defendants 3, 4 and 5 contested the suit. Their allegations were that defendant 6 was a minor and was not properly represented, that there was no contract for re-sale such as was alleged on behalf of the plaintiff, that the defendants were bona fide purchasers and that the formalities requisite for the demands for pre-emption were not observed.