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Arab Ali Khan and ors. Vs. Ajudhia Bakhsh Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All892
AppellantArab Ali Khan and ors.
RespondentAjudhia Bakhsh Singh
Excerpt:
pre-emption - right pleaded in defence to suit for possession by purchaser of co-sharer's rights and interests. - .....we have to decide is, whether the existence of a right of pre-emption in a person who is a co-sharer in possession enables him to resist an action for possession by the purchaser of the rights of another co-sharer. before a right of pre-emption can be claimed, several things, such as tender of the price and refusal, must be alleged. the argument that the plaintiff has not paid the price is not one that helps the appellant. if he has a right of preemption, he is competent to assert that right in a separate suit, but not as defendant in this suit. the plaintiffs-purchasers are entitled to possession, and we must therefore affirm the decision of the courts below, and dismiss this appeal with costs.tyrrell, j.2.i concur in the decision of the learned chief justice that this appeal must.....
Judgment:

W. Comer Petheram, C.J.

1. I think that we cannot interfere in this case. The only question which we have to decide is, whether the existence of a right of pre-emption in a person who is a co-sharer in possession enables him to resist an action for possession by the purchaser of the rights of another co-sharer. Before a right of pre-emption can be claimed, several things, such as tender of the price and refusal, must be alleged. The argument that the plaintiff has not paid the price is not one that helps the appellant. If he has a right of preemption, he is competent to assert that right in a separate suit, but not as defendant in this suit. The plaintiffs-purchasers are entitled to possession, and we must therefore affirm the decision of the Courts below, and dismiss this appeal with costs.

Tyrrell, J.

2.I concur in the decision of the learned Chief Justice that this appeal must be dismissed with costs.


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