ALOKI Vs. GAJANAN LAHANUJI IDRE

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure has been filed by the plaintiffs who are aggrieved by the judgment of the first appellate Court allowing the appeal preferred by the original defendants and dismissing the suit filed by the plaintiffs.

(2.) ONE Lahanu Idre was the common ancestor who was married with one Sitabai. From said wedlock they had three sons, Anandrao (plaintiff No. 1), Pandhari, son of Nathu their second son (plaintiff No. 2) and Gajanan -defendant No. 1. According to plaintiffs, their father was having agricultural land and house property. The ancestral property was partitioned after the death of Lahanu in the year 1957. As per said partition, field Survey Nos. 94/6 and 93/5 (new 482) went to the share of defendant no. 1. Field Survey No. 94/7 (new 485) went to the share of Nathu -the father of plaintiff no.2 and field Survey Nos. 94/3 and 93/3 (new 484) went to the share of plaintiff No. 1. The defendant no.1 sold field Survey No. 482 for consideration of Rs. 66,500/ - on 27.02.1996 to the defendant no. 2. According to plaintiffs, they had preferential right to purchase said field bearing Survey No. 482. Hence, on the basis of said right of pre -emption the plaintiffs issued notice dated 03.10.1996 to the defendants. Thereafter present suit for declaration of right of pre -emption and mandatory injunction came to be filed.

(3.) THE trial Court after considering the evidence on record held that the plaintiffs had proved that the defendant no. 1 had sold the suit property to defendant no.2 without giving any notice. It was further held that the plaintiffs had proved that they were ready and willing to purchase aforesaid property. On that basis, the trial Court decreed the suit by holding that the plaintiffs had preferential right to purchase the same and hence directed the defendant no. 2 to accept the amount of sale consideration and execute sale deed in favour of plaintiff no. 2.