DHANUKDHARI SINGH Vs. SURESH SINGH

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit for pre-emtion. The only point raised relates to the question of consideration.

(2.) In spite of the fact that the true interpretation of Section 17, Agra Pre- emption Act, was explained by Lindsay, J., in Abdul Ghafoor V/s. Kamaluddin numerous second appeals are being filed only on the question of consideration, challenging the findings of the lower appellate Courts on the sole ground that the question has not been approached in the proper way. It cannot be denied that, in some cases, the language used by the Courts did indicate that the procedure laid down in Section 17 was not followed strictly. We, therefore, think it necessary to restate various stages in the enquiry as to the sale consideration which has been laid down by the legislature.

(3.) In the first place, it is the duty of the Court to assume in favour of the vendee that the price mentioned in the sale deed and acknowledged by the vendor to have been paid to him was the correct price. It is obvious that there is an initial presumption in favour of the correctness of such a recital or acknowledgment.