The Munsif dismissed the suit on April 14, 1953.
214 of 1949 in the First Court of the Munsif at Chapra for a declaration that he has a right to pre empt the property purchased by appellants 1 and 2 and for directing them to transfer the said property to him.
On October 10, 1949, defendant 3 respondent 3 herein , alleging to be the husband of the said Parbati Kuer, sold the remaining half of the disputed property to defendants 1 and 2.
On appeal, the High Court agreed with the Subordinate Judge and dismissed the appeal.
Appellants 1 and 2 purchased the other half of the property on October 10, 1949.
On December 10, 1949, respondent 1 filed Title Suit No.
Appeal by special leave from the judgment and order dated December 10, 1958, of the Patna High Court in Appeal from Appellate Decree No.
184 and 185 situated in mahalla Sahebganj, executed a will bequeathing the said property to his daughter Parbati Kuer and nephew Ram Swarup in equal shares.
The appellants had numberfundamental right on the date when they purchased the property.
Defendants 1, 2 and 2A have preferred the present appeal by special leave against the Judgment of the High Court.
The Constitution came into force on January 26, 1950.
To that suit, the first appellant and his two sons were made defendants 1, 2 and 2A and their vendor was made defendant 3.
Respondent 1 purchased one half share of the property by a sale deed dated July 18, 1940.
The defendants companytested the suit, inter alia, on the ground that the ceremonies of pre emption were number performed and that under the Mohamedan, law the plaintiff was number entitled to pre emption, as the land on which the said house and golas stood was rent paying land.
was delivered by Subba Rao J. Raghubar Dayal J. delivered a separate Opinion.
The suit was filed on December 10, 1949.
716 of 1954.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
October 10, 1963.
But, on appeal the Subordinate Judge of Chapra allowed the appeal and granted a decree for pre emption in favour of the plaintiff respondent 1.
On July 18, 1940, Ram Swarup sold one half of the said property to the plaintiff respondent 1.
The Judgment of P.B. Gajendragadkar, Subba Rao, K.N. Wanchoo and J.C. Shah JJ.,
SUBBA RAO J. This appeal by special leave is directed against the judgment of the High Court of Judicature at Patna and raises mainly the question of the scope of the right of pre emption under the Mohamedan law as applied by custom in Bihar.
Sarjoo Prasad and Mohan Behari Lai, for the respondents.
672 of 1962.
It may be mentioned at this stage that the land on which the said house and golas stand is Dih Basgit Lagani rent paying land.
P. Varma, for the appellants.
The facts lie in a small companypass.
On June 17, 1930, Chathilal Sah of Sahebganj, who was the owner of a house and two golas bearing holdings Nos.
Under the said will Ram Swarup was to get the entire property in case Parbati Kuer died unmarried or issueless.
On July 27, 1942, the plaintiff respondent 1 acquired under a patta some lands adjoining the said property.
