BANSIDHAR Vs. GANESHI

JUDGEMENT

(1.) In this case it appears that on the 21 July 1842, one Rai Singh sold certain land for Rs. 351. The sale-deed, after reciting that the price had been paid and possession given to the vendee, contained the following provision: "If the said vendee should on another occasion sell the said property, then for the same price he shall sell to me the vendor, and in case of my refusal he shall sell to any other person."

(2.) On the 15 December 1892, the representatives of the vendee, who had in the meantime died, sold a one-sixth share of the land to the defendants for Rs. 1,000 without giving the persons claiming to be the representatives of the vendor, who had also died, the option of purchasing the share.

(3.) In 1893 the plaintiffs, who are the daughter's daughter of the vendor and her son, claiming to be the heirs of the original vendor, sued the defendants, the purchasers of the 1/6 share, to recover that share on payment of Rs. 58-8-0, that sum being a one-sixth of the original price.