SRI RAM LAKSHMAN JANKI Vs. RAM GOPAL

JUDGEMENT

(1.) This is a plaintiffs appeal arising out of a suit for pre-emption.

(2.) On the 29 of June, 1925, Ram Singh, defendant No. 3, sold his zemindari shares in two villages, namely, Bipauri and Gujaini to Ram Gopal and Har Mohan defendants Nos. 1 and 2 for Rs. 300. The plaintiffs claiming to be the co sharers with the vendor instituted the present suit for preemption on the allegation that the real sale consideration was Rs. 200. The Courts below held that the right of pre-emption existed in village Bipauri but the custom of pre-emption was not proved with reference to village Gujaini. The plaintiffs claim, therefore, for village Gujaini was dismissed.

(3.) The sole question in this appeal is whether there is a record of pre-emption with reference to village Gujaini within the meaning of Section 5 of the Agra Tenancy Act (Act II of 1922).