M.RAMASAMY Vs. S.DURAISAMY

JUDGEMENT

(1.) The arguments advanced on both sides were heard. Appeal Memorandum, copies of judgments and decrees of the courts below and the documents produced in the form of typed set papers were also perused.

(2.) The unsuccessful plaintiffs, who lost their legal battle in both the courts below, are the appellants in the second appeal. They had filed the suit before the trial court for the enforcement of their supposed right of preemptive purchase in respect of the share of the first respondent/first defendant in the suit property. Both the courts negatived their claim. Hence the appellants/plaintiffs are before this court in this second appeal.

(3.) As against the judgment of an appellate court, which is subordinate to the High Court, a further appeal (second appeal) shall lie to the High Court only on a substantial question of law. "Whether the claim of the appellants/plaintiffs that they have a right of preemptive purchase to purchase the share of the first respondent/first defendant has been wrongly decided by the courts below against the appellants/plaintiffs?" is the only question, which is sought to be projected as a substantial question of law.