OM PRAKASH GOELA Vs. OM PRAKASH MEHRA

JUDGEMENT

(1.) This is an application seeking amendment of the written statement moved by defendants 10 and 12. The plaintiffs have instituted this suit for pre-emption in respect of property No. 1, Goela Lane, Underhill Road, Civil Lines, Delhi and for perpetual, injunction restraining the defendants from selling, transferring, alienating, making any additions, alterations, or demolitions in the said property. It is pleaded in the plaint that the said property is located in a private lane known as 'Goela Lane' which was formerly owned by the joint Hindu family of Shri Basheshar Nath Goela and Shri Jogeshar Nath Goela and the said lane is a blind lane and the house in question is the last house in the said lane. Shri Jogeshar Nath Goela had died issueless in 1922 leaving behind his widow Smt. Chander Kala. It is alleged that partition was effected of the joint famil properties between Shri Basheshar Nat Goela and Smt. Chander Kala on April I8 1932 which was incorporated in the partition deed executed on the same date. It was duly registered on May 3, 1932. By virtue of the said partition, property No. 3, Goela Lane besides other properties was allotted to the share of Shri Basheshar Nath Goela while properties Nos. 1 and 2, besides other pro- perties, were allotted to the share of Smt. Chander Kala. The private lane known as Goela Lane was to remain the joint property

(2.) It is pleaded that in pursuance of the said partition, it was agreed that each party; his heirs, assigns will have a right of pre- emption over the property sold by the other party and his heirs and assigns, to keep the property which was the subject matter of partition and belonged to the Joint Hindu Family from going to a stranger and to keep such property in the family.

(3.) Basheshar Nath Goela died in May 1945 leaving behind a widow and son Om Prakash Goela as his heirs. In 1945, Chander Kala adopted Harish Chand Goela as her son unto her deceased husband and Harish Chand Goela died on October 13, 1964 leav- ing behind Prakash Wati (wife), Pradip Kumar Goela (son), Kumari Kumud and Kumari Sunita, his two daughters.