Himachal Pradesh Court January 1949 Judgments

Shibia Vs. Jhaklu

Court: Himachal Pradesh

Reported in: AIR1949HP31

Bennerji, J.C.1. This is an appeal from a judgment and decree dated 18th Phagun, 2002, of the High Court, Nahan, reversing a judgment and decree of the District Judge, dated 14th Bhadon,. 2002, and thereby decreeing the suit. The plaintiff brought a suit for pre-emption, alleging that he bad a better right than the defendant to acquire, by way of purchase, the suit property from the vendor. The defendant resisted the suit on the ground that he had purchased the property from the vendor and his mother. The property in suit had been given to the vendors by way of gift. The defendant further alleged that he was also a reversioner and as such his rights could not be challenged by the plaintiff. The learned District Judge dismissed the suit on the ground that the donor was still alive and, therefore, the donee could sell the property to the defendant or to any one else, the donee pleased.2. On appeal, the learned Chief Justice found that the plaintiff and the defendants were no doubt Bandhu...