RADHIKA NARAIN Vs. CHANDRA DEVI

JUDGEMENT

(1.) This is a suit for possession by picemption. The pre-cnipti^n is claimed on ground Fifthly of action 16 of the Punjab Pre-Emption Act. The relevant part of section 16 read's asunder : 16 Of The right of pre-emption in respect of urban immovable property shall vest : Fifthly, where the sale is of a servient property in the owners of the dominant property, and vice versa ;"

(2.) The facts proved and which are not in dispute are that properties bearing Nos. 2777 and 2778 situated in Chirakhana : Street, Delhi were owned by Shri Shiv Sahai Mal, the common ancestor of the plaintiffs and defendant No. 2. Shri Maha Narain had two wives; from the first wife he had two sons, namely, Suraj Narain and Radhka Narain and from the second wife 5 sons, namely, Prem Narain, Bishan Narain, Govind Narain, Kirpa Narain and Purshottairi Narain. In 1951 there was a partition between the sons of Maha Narain and property No. 2777 fell to the share of the sons from the second wife ' and property No. 2778 fell to the share of Radhka Narain and Suraj Narain (sons from the first wife). Plaintiffs Nos. 2 to 4 are the sons of Suraj Narain and plaintiffs Nos. 5 to 8 are the widow and children of Brij Narain son of Suraj Nar-ain. It appears that subsequent to the above partition Govind Narain acquired the interest of the other brothers in property No. 2777.

(3.) On 15th March 1978 vide registered sale deed, copy of which is Ex. P.I, Govind Narain sold property No. 2777 to Smt. Chandra Devi wife of Madan iLal fori a price of G Rs. 70,000]-.