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m -eg INDIAN CASES CONTAINING FULL REPORTS OF DECISIONS OF The PRIVY COUNCIL, the High Courts of ALLAHABAD, BOMBAY, CALCUTTA, LAHORE, MADRAS, PATNA arid RANGOON, the Courts of the Judicial Commissioners of CENTRAL PROVINCES, OUDH and SIND REPORTED IN The following 29 Legal Periodicals: Allahabad (1) Indian Law Reports, (2) Law Journal, (3) Law Reporter Allahabad; Bombay (1) Indian Law Reports, (2) Law Reporter; Calcutta (1) Indian Law Reports, (2) Law Journal, (3) Weekly Notes; Lahore (1) Indian Law Reports, (2) Law Journal, (3) Punjab Law Reporter; Madras (1) Indian Law Reports, (2) Law Journal, (3) Law Weekly, (4) Weekly Notes; Nagpur (1) Law Reports, (2) Law Journal; Oudh (1) Cases, (2) Law Journal, (3) Weekly Notes; Patna (1) Indian Law Reports, (2) Cases, (3) Law Reporter, (4) Law Times; Rangoon (1) Indian Law Reports, (2) Burma Law Journal; Sind Law Reporter; Criminal Law Journal and All India Reporter, WITH A large number of extra Rulings not reported elsewhere.
We can understand how it was that the Courts below came to the decision they did. has been found that the plaintiff is related 1o one of the vendors and the husband*' 61 Ihe other vendor within four degrees. On the contrary, the value of the property is really only that which it will actually letch, assuming t hat there is no fraud or malpractice with regard to the bidders and that the sale has been reasonably and properly made public, [p. The case is dis- missed, vide order passed on the sale pro- clamation." When - we turned to the sale proclama- tion we saw that the note or order there reads : "The decree-holder does not wish to' bid up to the value fixed by the Court. lie wants to purchase the property for a nominal value.
10 where it is quite obvious that the expression "equal 11 or "inferior 11 right of pre-em ption is used with reference to the vendee. There is no legal necessity for a bidder at an auction-sale, whether he be tho decree-holder or an outsider, to purchase the property at the full price at \vhick it may have been valued in the sale proclama- tion. J Application against an order of the District Judge, Gaya, dated the 16th Feb- ruary 1925, against that of the Munsif, First Court, Gaya. There seems no doubt that the valuation which was put on the properties was, that the first was put at Rs. He placed in his order-sheet the following words : " Decree-holder did not bid for the valua- tion fixed by the Court.
Nothing is more im- portant in connection with this question and with the new Act than that the deci- sions of this Court should be consistent, and, unless there were some very strong reasons compelling us to take a different view, we should prefer to follow the view taken in the case just cited.
R, 6 A, 451 of this Court, including one member of the Court now sitting, has decided that question in the affirmative. Nirotam Das (3) reported in the same volume at page 272, As no appeal lies, this appeal is 'according- ly dismissed under O.
Second appeal against a decree of the Dis- trict Judge, Jhansi, dated the 22nd of August 1925. The learned Vakil for the appellant re- lies on the case of Chhajmal Das v. Nirotam Das (2) reported in the same volume at page 251, and must be deemed to have by implication been over- ruled by the decision of the Bench in the case of Lachmi Narain v.
It is, therefore, clear that the appeal does not lie. That case was contrary to the decision in Lachmi Narain v.
The sub-section providing that in a case "where there are more persons than one of the same class claiming pre-emption, 11 is the vendee, or proposed vendee, or contemplated vendee, or intended vendee, a person claiming pre- efiption within the meaning of the section. M&hesk Datt Upadhiya (1) a Division Bench (1) 89 Ind. We agree with the decision, however, on this further ground.
Sen to represent them and we do not think that anything could be said on behalf of the other view which has not already been said.
1923 All, 79 (Not followed) ., 603 Grish Ghunder Lahiri v.