NAZIMUDEEN Vs. MUHAMMED SHAFEEQ

JUDGEMENT

(1.) The preliminary decree in a suit for partition is under challenge by the first defendant.

(2.) The plaintiff and the first defendant are brothers. Ext.A1 is the Sale deed dtd. 4/9/2001 executed in favour of the plaintiff and the first defendant by defendants 2 and 3.

(3.) According to the plaintiff, while he was in Gulf countries, he had arranged for purchase of the property with the 1st defendant, and his share of the sale consideration viz. one half, was given to the first defendant for the joint purchase. It is understood that the sale deed contains a pre-emption clause. It has been incorporated without the knowledge of the plaintiff. On these allegation the suit was filed for partition, for declaration that the pre-emption clause in Ext.A1 is null and void, and for injunction against executing documents in respect of the property.