JAMNADAS RAMGOPAL Vs. RAMCHANDRA MANSARAM

JUDGEMENT

(1.) PLAINTIFF has filed this second appeal against the dismissal of his claim for pre-emption. He has lost in both the lower Courts.

(2.) THE land in suit, survey No. 272/1, area 17.3 acres, in mauza Khar Talegaon, was owned by Ramnarayan, defendant 2. Plaintiff is a co-occupant of survey No. 272/1.

(3.) A decree (Ex.P.3) in favour of defendant 1 in terms of the award after the contest by defendant 2 was passed on 28th August 1942. Paragraph 5 of the decree directed the execution of a sale deed in respect of survey No. 272. Defendant 1 obtained delivery of possession of survey No. 272 through the Court. Exhibit p 4, dated 26th October 1942, is the receipt of possession. It may be observed that no sale deed was actually executed though the award and decree contained this direction.