HIRA LAL Vs. LAXMAN PARSHAD ALIAS CHHAILU RAM

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 13.2.1984, passed by the learned courts below vide which suit filed by the plaintiff/appellant for pre-emption, was ordered to be dismissed.

(2.) The plaintiff/appellant sought pre-emption of the sale on the RSA No.1438 of 1984 2 ground of being co-sharer as well as on the ground that he was a tenant over property sold by the vendor.

(3.) It is not in dispute that during the pendency of the suit the property was partitioned and the status of the appellant as co-sharer came to an end. Learned trial court came to the conclusion that it was not possible for the appellant to claim tenancy against his co-owner and therefore, rejected the plea of tenancy also.