C.K. GANGADHARAN Vs. KUMARAN

JUDGEMENT

(1.) What actually amounts to a 'right of pre-emption', what are the ingredients which would constitute 'a right of pre-emption', whether an unregistered agreement would constitute a pre-emption right over an immovable property and whether a pre-emption right can be enforced by way of a simple suit for mandatory injunction, are the questions came up for consideration in this appeal.

(2.) A suit for mandatory injunction for enforcing pre-emption right based on an unregistered agreement, Ext. A1, decreed by the trial court, but in appeal, it was reversed and the suit was dismissed, against which the plaintiff came up with this appeal.

(3.) Admittedly, the property originally belonged to the mother of first defendant having an extent of 80 3/4 cents. She sold the said property for a sale consideration of Rs. 1,25,000/- to her son, the first defendant. It is thereafter the first defendant along with his mother executed Ext. A1 unregistered agreement in favour of her other son, the plaintiff herein, reserving pre-emption right over the property, but subsequently the first defendant sold a portion of the property, the plaint schedule having an extent of 10 cents, to the second defendant. Thereon, the plaintiff issued a lawyer notice and filed this suit for mandatory injunction directing the defendants 1 and 2 to execute and register a sale deed for the sale consideration of Rs. 30,000/-.