BRIJWASI INFRATECH PVT LTD Vs. VIKAS JAIN

JUDGEMENT

(1.) I.A. 11482/2016

(2.) The present application has been filed by the Defendant under Section 4 of the Partition Act seeking a right of pre-emption. The prayer sought in the application is as under:

(3.) The brief background of the present suit is that the property bearing No.3, Block A-1, Krishna Nagar, Delhi ad-measuring 5920 sq. yds. was belonging to Sh. Tej Kumar Jain the father of the Defendant. One Mr. Chunni Lal Sethi was the absolute owner of the above suit property vide sale deed dated 19th November, 195 The said property was sold by Sh. Chunni Lal Sethi to one Sh. Yagdev Sharma and Sh. Bhim Dev in 1958. Sh. Bhim Dev, who was the owner of half of the undivided share in the property sold his share to Sh. Tej Kumar Jain and Sh. Suresh Chand Jain vide sale deed executed on 23rd October, 1972. Similarly, the legal heirs of Sh. Yagdev Sharma sold their undivided share to Sh. Jagjot Singh Jain and Sh. Ramesh Chand Jain vide sale deeds registered on 18th November, 1971. The said four purchasers were real brothers.