RAOJI Vs. RAGHO

JUDGEMENT

(1.) THIS case presents a novel question for decision. The plaintiff sued for pre-emption of a third share in four mango trees standing in S. No. 11 of mouza Dhamangaon in the Malkapur taluq. The plaintiff owns a share in the survey number and a third share in the four mango trees. Defendant

(2.) GOVINDA , who owns no land in the field, sold his third share in the mango trees to defendant 1 Ragho. Hence the present suit to preempt. 2. Both the lower Courts find that the plaintiff had not waived his right to preempt, i.e., the third share in the mango trees was never offered to him by Govinda. The first Court held the suit maintainable and decreed the plaintiff's claim, but the lower appellate Court finds that there is no right of pre-emption in trees and has dismissed the suit. Hence this present appeal by the plaintiff.

(3.) THE result is that this appeal fails and is dismissed with costs. The appellant will pay the respondents' costs.