CHINNA KUNJI KADUKAYIL VILAKATHU VEEDU Vs. KESAVAN KOCHUKRISHNAN

JUDGEMENT

(1.) This second appeal is in a suit to enforce pre emption.

(2.) The suit property is a part of a non residential building that belonged to the tarwad of plaintiffs 1 and 2 and defendants 1 and 3 before it was partitioned under Ext. P-1 dated October 15, 1949. There is a covenant in the partition deed that if any sharer of the building, who took under the partition, were to sell his share at any time, it must be offered to the other parties to that deed for a fair price and only after they have refused in writing to purchase can it be assigned to a stranger.

(3.) The legal validity of the covenant for pre emption made in the aforesaid partition deed is not disputed before me. The contentions are firstly that it is not available against the 4th defendant who purchased at an involuntary sale or his assignee, and secondly that the right has been lost to the plaintiffs by their waiver of the right and acquiescence in the court sale.