RADHAKISHAN LAXMINARAYAN TOSHNIWAL Vs. SHRIDHAR RAMCHANDRA ALSHI
LAWS(SC)-1960-8-16
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on August 23,1960

RADHAKISHAN LAXMINARAYAN TOSHNIWAL Appellant
VERSUS
SHRIDHAR RAMCHANDRA ALSHI Respondents


Referred Judgements :-

JAINARAYAN RAMGOPAL MARWADI V. BALWANT MAROTI SHINGORE [REFERRED]
BISHAN SINGH VS. KHAZAN SINGH [REFERRED]
SITARAM BHAURAO DESHMUKH VS. JIAUL HASAN SIRAJUL KHAN [REFERRED]



Cited Judgements :-

RAJENDRA KUMAR VS. RAMESHWAR DASS MITTAL [LAWS(ALL)-1981-7-38] [REFERRED TO]
ASIT RANJAN DATTA VS. TARAKESWAR SARKAR [LAWS(CAL)-1968-7-16] [REFERRED TO]
MULLA QAMRUDDIN NAIB MULLA ABDUL ALI VS. BRIJMOHANDAS SHRIKISHANDAS [LAWS(MPH)-1960-11-11] [REFERRED TO]
MULLA HAJI YUSUFALI VS. PANDIT LAXMINARAYAN [LAWS(MPH)-1960-12-7] [REFERRED TO]
S APPA RAO VS. UMAKANTA TRIPATHY [LAWS(ORI)-1977-4-2] [REFERRED TO]
BIMAL SADHAN KOLEY VS. NIKHILESH KOLEY [LAWS(CAL)-1981-4-9] [REFERRED TO]
PRABHAT KUMAR BEHERA VS. TAHARA KHATUN [LAWS(ORI)-1977-7-2] [REFERRED TO]
KRISHNA CHANDRA PRAMANIK VS. HARI SADAN SAHANA [LAWS(CAL)-1981-9-18] [REFERRED TO]
COMMISSIONER OF GIFT TAX VS. ALOKA LATA SETT [LAWS(CAL)-1989-7-42] [REFERRED TO]
MINOR SUBIR RANJAN MONDAL VS. SITA NATH MUKHERJEE [LAWS(CAL)-1993-5-10] [REFERRED TO]
BASAVARAJ SHIVARAMAGOUDA PATIL VS. MAHESH [LAWS(KAR)-1997-11-11] [REFERRED TO]
BHARATH EARTH MOVERS LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(KAR)-2000-1-75] [REFERRED TO]
HINDUSTHAN GENERAL TRADING CO PVT LTD VS. MOHINI M MOORJANI [LAWS(CAL)-1998-9-42] [REFERRED TO]
BIMALENDU CHATTERJEE VS. SARITA CHHYAJLANI [LAWS(CAL)-2001-12-18] [REFERRED TO]
PARTHAS TRUST VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-1987-7-77] [REFERRED TO]
A UMAPATHY VS. A BALASUBRAMANI GRAMANI [LAWS(MAD)-1995-8-43] [REFERRED TO]
PRAVIN S O JETHALAL KAMDAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1995-4-22] [REFERRED TO]
G KAILASAM VS. G MUTHUCHANDRAN CHENNAI [LAWS(MAD)-2007-12-414] [REFERRED TO]
KALANDI BABURAO RAUL VS. DATTU DAMU THAKARE [LAWS(BOM)-2008-6-222] [REFERRED TO]
F J IRANI VS. HAJEE SIR ISMAIL WAKF ESTATE [LAWS(MAD)-2010-4-35] [REFERRED TO]
MOTI RAM S/O ATMA RAM VS. BAKHWANT SINGH [LAWS(P&H)-1967-9-6] [REFERRED TO]
KARNAIL SINGH VS. JASBIR SINGH [LAWS(P&H)-1974-3-1] [REFERRED TO]
NANDKISHORE VS. SHRINATH [LAWS(RAJ)-1964-1-18] [REFERRED TO]
RAM SARAN LALL THE STATE OF PUNJAB VS. DOMINI KUER:MST DOMINI KUER [LAWS(SC)-1961-4-57] [REFERRED]
MOHAMMAD NOOR KAILASH DAN MEGHRAJ VS. MOHAMMAD IBRAHIM:RAWATA:ONKAR LAL [LAWS(SC)-1994-7-79] [RELIED ON]
INDIRA BAI VS. NAND KISHORE [LAWS(SC)-1990-9-70] [APPROVED]
A JITENDERNATH VS. JUBILEE HILLS COOP HOUSE BLD SOC [LAWS(SC)-2006-5-112] [REFERRED TO]
SUBHASH CHANDER VS. MUNICIPAL CORPORATION OF DELHI [LAWS(DLH)-1980-3-35] [REFERRED TO]
NEW JALARAM PARK CO OP HOUSING SOCIETY LIMITED VS. RAMCHANDRA M CHAUHAN [LAWS(GJH)-1987-9-32] [FOLLOWED]
MAHABOOBALIKHAN M MUNSHI VS. JOHRABIBI WD O FAJALAZIM F PATHAN [LAWS(GJH)-2000-7-56] [REFERRED TO]
CHANDRIKA SINGH VS. ARVIND KUMAR SINGH [LAWS(SC)-2006-5-50] [REFERRED TO]
GONSUSAB VS. MOHAMMED MIYAN URF BABAN [LAWS(SC)-2008-8-103] [REFERRED TO]
SURESH PRASAD SINGH VS. DULHIN PHULKUMARI DEVI [LAWS(SC)-2010-5-40] [REFERRED TO]
JHANDOO VS. RAMESH CHANDRA [LAWS(ALL)-1970-4-14] [REFERRED TO]
RESERVE BANK OF INDIA VS. KRISHI EXPORT COMPANY CORPORATION LTD [LAWS(ALL)-2011-7-71] [REFERRED TO]
CHINNA KUNJI KADUKAYIL VILAKATHU VEEDU VS. KESAVAN KOCHUKRISHNAN [LAWS(KER)-1965-12-38] [REFERRED TO]
SYED ABDUL JAMIL VS. SHARIFA BIBI [LAWS(ORI)-1995-9-29] [REFERRED TO]
SERISH MAJI VS. NISHIT KUMAR DOLUI [LAWS(CAL)-1999-3-7] [REFERRED TO]
KRISHNASWAMI PILLAI VS. LAKSHMANAN PILLAI [LAWS(KER)-1996-11-31] [REFERRED TO]
MAHEBOOBSAB BURANSAB VS. MOHADINSAB MAHEBOOBSAB [LAWS(KAR)-2012-1-38] [REFERRED TO]
KUMARAN VS. KUMARAN [LAWS(KER)-2010-11-452] [REFERRED TO]
BHAGWANTI LAL VS. BHORE LAL [LAWS(RAJ)-1974-3-9] [REFERRED TO]
MAGANMAL VS. UJJANMAL [LAWS(RAJ)-1975-8-26] [REFERRED TO]
SHEO KUMAR YADEV VS. ADDITIONAL MEMBER BOARD OF REVENUE [LAWS(PAT)-1983-5-21] [REFERRED TO]
RADHA BALLABH HALDIYA VS. PUSHALAL AGARWAL [LAWS(RAJ)-1984-5-30] [REFERRED TO]
NATHUNI SINGH YADAV` VS. STATE OF BIHAR [LAWS(PAT)-1997-4-72] [REFERRED TO]
NABI HUSSAIN VS. STATE OF BIHAR [LAWS(PAT)-1997-4-42] [REFERRED TO]
ROOPI BAI VS. MAHAVEER [LAWS(RAJ)-1993-3-17] [REFERRED TO]
TOPKHANA GRAH NIRMAN SAHAKARI SAMITI LTD VS. STATE OF RAJASTHAN [LAWS(RAJ)-1996-1-38] [REFERRED TO]
RAZIA PARVEZ VS. SIKANDER PARVEZ [LAWS(UTN)-2010-7-67] [REFERRED TO]
RAMESH CHAND ARDAWATIVA VS. ANIL PANJWANI [LAWS(RAJ)-2001-4-113] [REFERRED TO]
MASTER SHARMA VS. ADDITIONAL MEMBER [LAWS(PAT)-2004-7-138] [REFERRED TO]
PUNYADEO SHARMA VS. ADDITIONAL MEMBER BOARD OF REVENUE [LAWS(PAT)-2004-7-1] [REFERRED TO]
PRAVEEN SAHANI VS. SUSHILA DEVI [LAWS(RAJ)-2004-3-15] [REFERRED TO]
RAM KUMAR THAKUR VS. STATE OF BIHAR [LAWS(PAT)-2010-9-51] [REFERRED TO]
LEGAL HEIRS OF MD. BADRUDDIN AHMED VS. SIRAJUL HAQUE KHAN [LAWS(GAU)-2012-11-14] [REFERRED TO]
C.M.GOVINDAN NAIR VS. M.RAMACHANDRAN NAIR [LAWS(KER)-2013-2-70] [REFERRED TO]
C.M. GOVINDAN NAIR VS. M. RAMACHANDRAN NAIR [LAWS(KER)-2013-3-141] [REFERRED TO]
SOM NATH VS. LACHHMAN SINGH [LAWS(P&H)-2000-9-82] [REFERRED TO]
SEEMA BEGAUM VS. STATE OF KARNATAKA [LAWS(KAR)-2013-2-225] [REFERRED TO]
KRISHNA RAM THAKUR @ KRISHNA RAM VS. MAHESH SAO [LAWS(JHAR)-2003-9-52] [REFERRED TO]
Neeraj Darbari VS. Manoj Shukla [LAWS(MPH)-2000-5-74] [REFERRED TO]
RADHE SHARMA S/O LATE JAGDEO SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2009-7-62] [REFERRED TO]
SAWAN MAL VS. BHAWANI DASS [LAWS(ALL)-1975-5-43] [REFERRED TO]
RAJ KUMAR VS. SUMAN [LAWS(MPH)-2013-1-224] [REFERRED TO]
RAJ KUMAR VS. SUMAN [LAWS(MPH)-2013-1-224] [REFERRED TO]
NAVEEN NISCHAL VS. BRIJ LAL [LAWS(P&H)-2013-11-96] [REFERRED TO]
NAMDEO CHINTAMAN MARATHE VS. SHALIGRAM MOTIRAM BONDE [LAWS(BOM)-1962-8-42] [REFERRED TO]
ONKAR NATH VS. VED VIYAS [LAWS(HPH)-1976-6-11] [REFERRED TO]
JAGBIR SINGH AND ANOTHER VS. RAMPAT AND OTHERS [LAWS(P&H)-2011-3-323] [REFERRED TO]
R. CHANDRAMOHAN NAIR AND ORS. VS. THE STATE OF KERALA AND ORS. [LAWS(KER)-2015-2-132] [REFERRED TO]
HIMANGSHU KUMAR NATH VS. ON THE DEATH OF MONMOHAN NATH HIS HEIRS MIHIR KANTI NATH AND ORS. [LAWS(GAU)-1990-11-6] [REFERRED TO]
NANNIBU AND ORS. VS. GUDUSAB AND ORS. [LAWS(KAR)-2015-3-393] [REFERRED TO]
RAJ NARAYAN RAI AND ORS. VS. THE STATE OF BIHAR AND ORS. [LAWS(PAT)-2014-9-92] [REFERRED TO]
YUNUSHBHAI USHMAN BHAI SHAIKH VS. STATE OF GUJARAT [LAWS(GJH)-2015-9-74] [REFERRED TO]
NURUL ISLAM MAZARBHUIYA AND ORS. VS. SAHAB UDDIN CHOUDHURY [LAWS(GAU)-2015-9-66] [REFERRED TO]
GHANSHYAM VS. CHAND BIHARI AND ORS. [LAWS(RAJ)-2008-2-129] [REFERRED TO]
RAMAKRISHNAPPA VS. K.M. ANJINAPPA AND ORS. [LAWS(KAR)-2016-3-132] [REFERRED TO]
ABP PVT. LTD. AND ORS. VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2016-4-44] [REFERRED TO]
NETAI DAS GHOSE VS. HARIDAS DAS [LAWS(CAL)-1967-3-28] [REFERRED TO]
MEENAKSHI VELU AND ANR. VS. KASTURI SAKUNTHALA AND ORS. [LAWS(MAD)-1965-9-48] [REFERRED TO]
DR. LAXMINARAYAN MOHAPATRA VS. MANJULATA MAHASUAR [LAWS(ORI)-1996-1-43] [REFERRED TO]
MANGI RAM VS. JYOTI PRASAD [LAWS(ALL)-1977-2-51] [REFERRED TO]
KEDARNATH PANCHADHOYEE AND OTHERS VS. NAGENDRA NATH MAHAPATRA AND OTHERS [LAWS(CAL)-1980-3-47] [REFERRED TO]
SAMAYANALLUR POWER INVESTMENT PVT LIMITED VS. COVANTA ENERGY INDIA (BALAJI) LIMITED [LAWS(MAD)-2005-8-250] [REFERRED]
RAM CHAND VS. RAJINDER KAUR [LAWS(P&H)-1972-7-23] [REFERRED]
BHARTU VS. RAM SARUP [LAWS(P&H)-1981-3-60] [REFERRED]
BAKHSISH SINGH VS. RESHAM SINGH [LAWS(P&H)-1987-4-100] [REFERRED]
RAM KUMAR SONI VS. PREMBATI (DIED) THROUGH LRS [LAWS(CHH)-2019-1-97] [REFERRED TO]
MOHD. ALIM VS. TAHIR HUSAIN [LAWS(ALL)-2020-1-343] [REFERRED TO]
WOODLAND MANUFACTURERS LIMITED VS. SANKAR PRASAD GARGA & ORS. [LAWS(CAL)-2020-2-80] [REFERRED TO]
VIDYANAND SONI VS. PREMBATI (DIED) [LAWS(CHH)-2019-1-280] [REFERRED TO]
RAYRIKH SAGAR VS. PUSHPA DEVI [LAWS(DLH)-2021-9-46] [REFERRED TO]


JUDGEMENT

Kapur, J. - (1.)This is an appeal by special leave against the judgment and decree of the High Court at Nagpur passed in Second Appeal No. 720 of 1945 confirming the decree of the District Judge. In the suit out of which this appeal has arisen the appellant was defendant No. 1 and the respondents were the plaintiff and defendant Nos.2 and 3 and the dispute relates to pre-emption on the ground of co-occupancy which falls under Chapter XIV of the Berar Land Revenue Code 1928, hereinafter called the Code.
(2.)On April 10, 1943, D. B. Ghaisas and his mother Ramabai entered into two contracts of sale with the appellant, one in regard to Survey Nos. 5, 14 and 16 for a sum of Rs. 10,000/ out of which Rs. 2,000/ was paid as earnest money and the other in regard to Survey No. 15/1 for Rs. 8,500/- out of which Rs. 500 was paid as earnest money. On April 16, 1943 the vendors executed a registered sale deed in regard to Survey Nos. 5, 14 and 16 and the balance of the price was paid before the Registrar. On April 22, 1943, the vendors executed a lease of Survey No. 15/1 for 14 years in favour of Kisanlal and Sitaram who were defendants No. 2 and 3 in the suit and are respondents Nos. 2 and 3 in this appeal. On April 24, 1943, the vendors executed a fresh agreement of sale in respect of the same field which according to the agreement was to be diverted to non-agricultural purposes and thereafter a sale deed was to be executed when it was so diverted. The appellant was to pay the costs of the diversion as well as the premium. In pursuance of this agreement the vendors applied to the Deputy Commissioner, Akola, on August 12, 1943 for diversion under S. 58 of the Code and sanction was accorded on January 22, 1944, subject to payment of premium of Rs. 9, 222/ -and other conditions. The appellant's case is that as agreed the vendors were paid this money for deposit and it was deposited in the Treasury under Challan No. 68 but there is no finding in favour of the appellant although the trial court and the District Judge seem to have proceeded on the premises that this amount was deposited but in the circumstances of this case it is not necessary to go into this matter. On February 1, 1944 the sale deed was executed by the vendors in favour of the appellant and the consideration in the sale deed was Rs. 17, 722/-
(3.)On September 11, 1943, i. e. before the sale deed was executed the respondent, Sridhar, brought a suit for pre-emption against the appellant on the allegation that he had a co-occupancy in the survey number in dispute - being the owner of Survey Number 15/2 . In the plaint it was alleged that the transaction of contract under the documents of April 10, 1943 and April 24, 1943 constituted a sale and therefore it was subject to respondent Sridhar's prior right of pre-emption. It was also alleged that the price was not fixed in good faith. Theses allegations were denied. Both the trial court and the District Judge held that respondent Sridhar was entitled to pre-empt and determined the fair consideration to be Rs. 3, 306/- The suit was therefore decreed by the trial court and on appeal by the District Judge. The appellant took an appeal to the High Court which also confirmed the decree of the subordinate courts.
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