KRISHNASWAMI PILLAI Vs. LAKSHMANAN PILLAI

JUDGEMENT

(1.) This second appeal preferred by the plaintiff arises out of a suit, registered as OS No. 274 of 1980, for enforcement of the right of pre emption, on the file of the sub Court, Thiruvananthapuram. The suit was decreed by the Trial Court and the second defendant was directed to execute the sale deed in favour of the plaintiff in respect of the plaint schedule property for a consideration of Rs. 16,000/-. the second defendant was the purchaser of the suit property which was sold by the first defendant against which the plaintiff as a cosharer claimed the right of pre emption. On appeal, preferred by the second defendant the learned singe Judge set aside the judgment and decree of the Trial Court and dismissed the suit by the judgment dated. 23.10.1990 in AS No. 4 of 1984.

(2.) The plaintiffs case, in brief, is as follows:

(3.) The first defendant was declared ex parte. He died on 28.5.1982 during the pendency of the suit. Hence, additional defendants 3 to 9 were impleaded as his legal heirs.