RAM SARAN DAS Vs. BHAGWAT PRASAD

JUDGEMENT

(1.) The following question has been referred to the Full Bench: Whether on a true interpretation of Secs.19 and 20 Agra Pre-emption Act of 1922 the defendant vendee can defeat the plaintiff's right of pre- emption, which undoubtedly existed at the date of the institution of the suit, by acquisition of an interest equal or superior to plaintiff's in the mahal after the institution of the suit but prior to the passing of the decree by the first Court?

(2.) The reference to Section 19 in the question is inserted in manuscript after the referring order was typed. This subsequent insertion we note only because the discussion of the question in the referring order is confined to the effect of Section 20 of the Act, and no opinion has been expressed in that referring order in regard to the effect of Section 19.

(3.) We have, however, manifestly to consider both sections. In the present case the facts are that Ramsarup on 26 March 1924, sold a zamindari house to the defendant Ramsaran Das who at the time of the sale was not a cosharer.