BALBHADDAR TEWARI Vs. JAI RAM TEWARI

JUDGEMENT

(1.) This is the plaintiff's appeal against the judgment and decree of Mr. H K. Ghoshal, Civil Judge, Faizabad, dated 22 September, 1942.

(2.) Mt. Kalapraji, widow of Hari Ram, own nephew of the plaintiff-appellant, sold on 28 June 1940 some shares in immovable property in villages Madarbhari and Arhanpur to Salig Earn, now represented by his legal representatives, and Baldeo, Raghunandan and Beni Madho. The plaintiff filed a suit for pre-empting both the properties alleging a preferential right in both villages and also stated that the real consideration of the sale-deed was only Rs. 600 and not Rs. 2,500. The trial Court held that the plaintiff had a preferential right to pre-empt; in village Madarbhari and its proportionate price was Rs. 600-12-0. It held that although the vendor was related by marriage to the plaintiff; yet this was not the kind of relationship, contemplated in Section 9, Oudh Laws Act, and that in other respects both the pre emptor and the vendees had equal rights. These equal rights were determined by lots and the plaintiff lost. In the result, the suit for pre-emption was decreed in respect of Madarbhari property only on payment of Rs. 600-12-0. The plaintiff went up in appeal and the decree of the trial Court was affirmed.

(3.) In this appeal two points have been raised. (1) that in view of the relationship of the plain-tiff to the vendor, he had a preferential right to preempt, and (2) that by some mistake the proportionate amount payable for village Madarbhari has been wrongly shown as Rs. 600-12-0 instead of Rs. 534-12-0.