RASHID AHMAD Vs. NAZAR MOHAMMAD AND OTHERS

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Civil Procedure Code, 1908, is directed against the judgment and de­cree dated 14.04.1987, passed by Civil Judge, Roorkee, in Civil Appeal No. 67 of 1982, whereby said appeal was al­lowed and judgment and decree dated 29.05.1982, passed by the trial court (Munsif, Haridwar) in Suit No. 61 of 1979 is set aside, and the suit filed by the plaintiff for decree of pre-emption, is dismissed.

(2.) HEARD learned counsel for the parties.

(3.) DEFENDANTS /respondents con­tested the suit and filed their written statements in which it is denied that there is any custom of pre-emption in Jwalapur. Another plea on which the defendants contested the suit is that property in question had already been partitioned between the plaintiff and defendant no. 1 before the sale deed in question was executed and as such oth­erwise also the plaintiff had no right of pre-emption in respect of the share al­ready partitioned. It is also denied that plaintiff ever claimed right of pre­emption, as alleged by him.