BEHRAM Vs. PHUSA

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff in a suit for declaration instituted on 1st October, 1945, on the allegation that certain agricultural land situated in Darbarpur, Tehsil Mundawar, sold by Anardei to Phusa, Murli and Nathu for Rs. 900/- was an invalid transaction, and the mutation obtained by the vendees on 25th March, 1942, in their favour should be set aside. The plaintiffs relied on sec. 129 of the Alwar Revenue Code, which provided that "all residents of the State shall be entitled to purchase or take in mortgage agricultural land from Biswedars of the State, but the collaterals of the alienor shall be given the first refusal", and it was urged that the vendees were strangers having no land in the village, and the plaintiffs were collaterals of the father of Anardei.

(2.) THE vendees contested the suit on the ground that the property in dispute had been gifted by the father of Anardei to Anardei, and was her absolute property, which she had full right to alienate.