SHYAM PRASAD MISRA Vs. VIJAY PRATAP SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 21-9-2005 passed by Civil Judge Senior Division Allahabad dismissing the suit filed by the plaintiff under Order 7 Rule 11 of Code of Civil Procedure ( for short the C.P.C) on the ground that plaint failed to disclose any cause of action.

(2.) The facts are that defendant / respondent no. 2 who was the owner of house no. 79 H.I.G., Phase-II A was Vikas Parishad Jhunsi Allahabad transferred the same in favour of defendant / respondent no. 1 by means of registered sale deed dated 19-11-2004. The appellants who were the tenants of the said premises filed Original Suit No. 1040 of 2004 seeking a decree of declaration to declare the sale deed in favour of defendant / respondent no. 1 as void and not binding on the plaintiff and a further direction to respondent no. 2 to execute a sale deed of the house in question in favour of the plaintiffs after accepting Rs. 5.50 lakhs as sale consideration.

(3.) The claim made by the plaintiff in the suit was based on the right of Pre-emption. It was alleged that plaintiff who were tenants of the house in question approached the defendant no. 2 for executing the sale deed of the said house in their favour but he, did not pay any heed to it and ignoring their claim, executed the sale deed in favour of defendant/respondent no. 1.