GURDEEP SINGH ANAND Vs. RAKESH KUMAR (MASTER)

JUDGEMENT

(1.) THE appellant is the plaintiff. He is in possession of first floor of house No.126 situate in Gali Kali Jani, Jammu as a tenant. The owners of the house sold the entire house to respondents No. 1 and 2 vide sale deed executed and registered on 15 -12 -1980. The appellant filed a suit for possession of the portion in his occupation as tenant on the ground that he has preferential right under Section 15 of the Right of Prior Purchase Act. The trial court of the City Judge, Jammu, dismissed the suit holding that a suit for partial pre -emption is not maintainable because plaintiff had not claimed possession of stair case the only approach to the portion in his occupation. This finding was affirmed by the first appellate court holding that the appellants failure to seek possession of the passage and stair case leading to the premises in his occupation disentitles him to exercise the right of pre -emption.

(2.) THIS appeal u/s 100 of the Code of Civil Procedure was admitted to determine the following questions: -

(3.) THE dictionary meaning of the word "thereof is "on that or it". The word