NIRMALADEVI Vs. ANARDEVI

JUDGEMENT

(1.) THIS judgment will govern the connected First Appeals Nos. 15/71 16/71 and 17/71 which have been heard along with this appeal.

(2.) THE appellants in all these appeals are the legal representatives of the deceased bal Bhimrao Shitole who had instituted four separate suits for preemption in the year 1968 out of which these appeals have arisen The right of pre-emption in each of these cases was claimed in respect of different parts of the same house which were sold on 15-3-65 by separate registered sale-deeds for a consideration of Rs. 20,000/- in each case to different persons. The right of pre-emption was claimed under the Qua-noon Haqshafa Biyasat Gwalior (hereinafter referred to as the 'preemption act") on the ground that passage to the house sold as well as to the house of the plaintiff was common.

(3.) ALL these suits have been dismissed by the learned Additional District Judge gwalior, on the ground that the right of pre-emption did not subsist after the repeal of Pre-emption Act by the M. P. Agrakrya Vidihi Nirsan Adhiniyam, 1968 (Act No. XIV of 1968 ). Being aggrieved by this decision the appellants have preferred these appeals.