CHIRANJI LAL Vs. CHHEDA LAL

JUDGEMENT

(1.) This and the connected First Appeal No. 381 of 1935 arise out of two rival pre- emption suits filed in the Court of the Civil Judge of Agra. Both the suits were disposed of by Mr. Raghunath Prasad Trivedi by one judgment and we also propose to decide the two appeals by one judgment. The sale deed sought to be pre-empted was executed on 9 October 1933, by one Shib Sahai in favour of Chiranji Lal and his four brothers. One of the brothers of Chiranji Lal is a man named Mangalia Ram. The following four items of property were conveyed by the sale deed: (1) Share in village Jagner Panwar, mahal Shib Sahai. (2) Share in village Bhawanpura, mahal Shib Sahai. (3) A decree for arrears of rent for Rs. 125; and (4) arrears of rent of the zamindari share sold with respect to 1342 Fasli.

(2.) The consideration entered in the sale deed was a sum of Rs. 8000. The sale deed was registered on 24 November 1933. On 14 November 1934, Bohra Chheda Lal, who is respondent in First Appeal No. 330, filed a suit for pre-emption (Suit No. 71 of 1934). He claimed pre-emption with respect to the first two items of properties conveyed by the sale deed. He based his right of pre-emption on the allegation that he was a cosharer in mahal Chheda Lal in both the villages sold and that the vendees were total strangers. He alleged that the real sale consideration was only Rs. 6000 and that out of that amount Rs. 500 was the consideration for the transfer of items 3 and 4 set out above. He accordingly prayed for a decree for pre-emption with respect to items 1 and 2 of the property sold on payment of Rs. 5500.

(3.) On 24 November 1934, Bohra Shib Singh and his two brothers who are appellants in First Appeal No. 381 of 1935 filed a rival pre-emption suit (Suit No. 72 of 1934). These plaintiffs claimed pre-emption only with respect to item 1 of the property conveyed by the sale deed. Their case was that they were co-sharers in mahal Sukh Lal and mahal Sukhdeo in village Jagner Brahmanan, and as such, had a preferential right of pre-emption as against the vendees who were strangers to the village. Their case as regards the sale consideration was that only Rs. 6000 was the real consideration and that out of that amount a sum of Rs. 625 ought to be deducted on account of the consideration of items 3 and 4. On these allegations they prayed for a decree for pre-emption with respect to item 1 on payment of proportionate price.