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Mehdi Hassan Vs. Jai Ram - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1914All115; 24Ind.Cas.630
AppellantMehdi Hassan
RespondentJai Ram
Excerpt:
pre-emption--consideration--consideration for re--linquishment of ex--proprietary rights--pre--emptor not bound to pay. - .....the zemindari property was sold for rs. 1,300. on the same day the vendor executed, a so called deed of relinquishment of his sir rights for rs. 400. the lower appellate court confirmed the decree of the court of first instance with a modification which is immaterial for the purpose of the present appeal. it is contended here that the pre-emptor is bound to pay not only, the rs. 1,300 for the zemindari but also rs. 400 for the sir rights. both the courts below have disallowed this claim, and we think correctly. the so-called relinquish merit of the sir rights was under the circumstances of the present case neither more nor less than the transfer of the ex-proprietary rights of the vendor. by the provisions of section 20 of the tenancy act the interest of an ex-proprietary.....
Judgment:

1. This appeal arises out of a suit for pre-emption. The zemindari property was sold for Rs. 1,300. On the same day the vendor executed, a so called deed of relinquishment of his sir rights for Rs. 400. The lower Appellate Court confirmed the decree of the Court of first instance with a modification which is immaterial for the purpose of the present appeal. It is contended here that the pre-emptor is bound to pay not only, the Rs. 1,300 for the zemindari but also Rs. 400 for the sir rights. Both the Courts below have disallowed this claim, and we think correctly. The so-called relinquish merit of the sir rights was under the circumstances of the present case neither more nor less than the transfer of the ex-proprietary rights of the vendor. By the provisions of Section 20 of the Tenancy Act the interest of an ex-proprietary tenant is not transferable. The very moment the vendor executed the sale-deed ho became possessed of his ex-proprietary rights. The appellant cannot force the pro-emptor into an illegal contract. The appeal fails and is dismissed with costs.


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