SHYAM PRASAD MISHRA Vs. VIJAY PRATAP SINGH

JUDGEMENT

(1.) This is an application seeking review of the judgment dated 04.10.2005 dismissing the first appeal filed by review applicants.

(2.) Facts are that against the judgment and decree dated 21.09.2005 passed by Civil Judge, Senior division, Allahabad dismissing the Original Suit No. 1040 of 2004 under Order VII Rule 11 of the Code of Civil Procedure on the ground that the plaint failed to disclose any cause of action, the first appeal was filed, which was dismissed by order dated 04.10.2005. Suit was filed for cancellation of the sale deed dated 19.11.2004 of the house in question executed by defendant-respondent No. 2 in favour of defendant-respondent No. 1 on the ground that he being the tenant in the said premises, had a right of pre-emption. Further relief was claimed to direct respondent No. 2 to execute sale deed of the house in dispute in favour of plaintiff-appellants after accepting Rs. 5.50 lacs as sale consideration.

(3.) After hearing the learned Counsel for the appellants, finding that right of pre-emption could be exercised only either by a co-sharer or by a person on account of vicinage and the appellants being only a tenant could not exercise the right of pre-emption and there was no evidence to establish that the right of pre-emption by way of custom was prevailing in the city of Allahabad, this Court dismissed the appeal.