MAROTIRAO Vs. SAKHARAM

JUDGEMENT

(1.) THIS is a second appeal by defendant 1, Narayan, whose plea that the plaintiffs' claim for pre-emption was untenable has been negatived by the lower Courts.

(2.) THE relevant facts are these : Plaintiffs are the occupants of the field survey No. 8, sub-division No. 1, in mauza Hiwra. One Vithabai Ramchandra was the occupant of the other subdivision No. 2 in the same field - survey No. 8. This is the land in suit. He entered into a contract on 17th December 1939 with defendant 1 to sell to him this field for Rs. 620. Vithabai, however, did not sell to defendant 1, but sold it on 19th January 1940 to defendant 2, Sadasheo, who entered into possession of the land in suit.

(3.) PLAINTIFFS ' suit for pre-emption and possession is in respect of the sale of 16th November 1942. Defendant 1 resisted the claim mainly on the ground that as the sale was involuntary, the right of pre-emption did not arise. The lower Courts have held that the sale was voluntary and decreed the claim of the plaintiffs.