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Jagat NaraIn Lal and anr. Vs. Hawaldar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1926All158; 90Ind.Cas.287
AppellantJagat NaraIn Lal and anr.
RespondentHawaldar and ors.
Excerpt:
- - we think it must fail......was not a proper decree in a pre-emption suit. the munsif directed the pre-emptors to pay the pre-emption money within 60 days of the date of the decree becoming final. the proper form of a decree for pre emption is laid down in order 20, rule 14 and the date by which the purchase-money should be paid must be specified. it is not a compliance with this direction of the law to say that the money is to be paid within 60 days of the date on which the decree becomes final.2. in the circumstances, while dismissing this appeal we think it right to say that the plaintiffs are entitled to deposit the pre-emption money of rs. 3,493 and odd within 60 days from to-day's date.3. a point has been taken here before us on behalf of the appellants. it is said that the appeal to the lower appellate.....
Judgment:

1. We have heard the learned Counsel in this appeal. We think it must fail. The dispute between the parties was as to the amount of consideration, the vendee pleading that it was Rs. 3,495 and the plaintiff asserting that the price was only Rs. 1,500. The Court of first instance found in favour of the plaintiff's, but the lower appellate Court has directed the pre-emptors to pay the full purchase-money of Rs. 3,493. The findings of the Court below regarding the amount of consideration is final. There is only one point to be noticed. The decree of the Court of first instance which the lower appellate Court has affirmed was not a proper decree in a pre-emption suit. The Munsif directed the pre-emptors to pay the pre-emption money within 60 days of the date of the decree becoming final. The proper form of a decree for pre emption is laid down in Order 20, Rule 14 and the date by which the purchase-money should be paid must be specified. It is not a compliance with this direction of the law to say that the money is to be paid within 60 days of the date on which the decree becomes final.

2. In the circumstances, while dismissing this appeal we think it right to say that the plaintiffs are entitled to deposit the pre-emption money of Rs. 3,493 and odd within 60 days from to-day's date.

3. A point has been taken here before us on behalf of the appellants. It is said that the appeal to the lower appellate Court was valued at Rs. 1,693 whereas under the lower Court's decree the plaintiffs pre-emptors have now to pay Rs. 1,993 more than the sum directed to be paid by the First Court. We think that this is an error for in the original memorandum of appeal the appeal is valued not at Rupees 1,693 but Rs. 1,993. Obviously the error is due to a mis-print in the copy of the lower appellate Court's judgment.


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