SARJU TEWARI Vs. SHAH MOHAMMAD AMIN

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for pre-emption. The principal defence raised by the vendee was that the purchase had been for the purpose of a manufacturing industry. The Court below held against the defendant and decreed the claim. On appeal the lower appellate Court has dismissed the suit in its entirety.

(2.) There was an express recital in the sale deed as to the purpose for which the property was being acquired. The lower appellate Court differing from the Court of first instance held that the omission of any recitals in the sale deed was not a fatal defect. In our opinion this view was correct. It is open to the vendee to show by other evidence, even though there may not be any such recital, what the real purpose of the purchase was, though of course an omission of such a purpose from the sale deed may be a strong piece of evidence against him.

(3.) The learned Judge does appear to have found that the purpose of the purchase was "to start the sugar industry." He has held: the land in all is about seven bighas, on one bigha stand the plant, shed & c. and on the remaining six bighas, a model farm is set up-all go to work the industry.