BADRI PANDEY Vs. PARSOTAM SINGH

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for pre-emption. A sale-deed was executed by defendant 1 in favour of defendants 2 and 3. Defendant 3 was a recorded cosharer. Defendant 2 is his brother, but not recorded as a cosharer. Perhaps to avoid future complication defendant 2 executed a deed of sale of his interest in favour of defendant 3. This was prior to the institution of the present suit.

(2.) The Court of first instance dismissed the suit, holding that at the time the suit was brought the plaintiff had no preferential right as against defendant 3, who had by that time acquired the entire interest.

(3.) The lower appellate Court has reversed that decree, holding that defendant 3, a cosharer, having joined with him a person who was not a cosharer, has irrevocably lost his right to resist the claim. We are unable to accept this view.