KANTA DEVI Vs. PARKASH CHOPRA

JUDGEMENT

(1.) A suit for possession on the basis of right of prior purchase filed by the appellant was dismissed by the trial court mainly on the ground that the appellant had waived her right of prior purchase, if any.

(2.) IT was alleged by the plaintiff -appellant that vide a sale -deed executed M/S Ram Krishen, Sham Kumar and Krishen Kumar sold a house bearing No: 288 situate in Gali Molhotrian, Jammu for consideration of Rs.19, 000 to the plaintiff and respondent No. 2 jointly. Defendant No. 2 by virtue of sale deed dated 26.08.1974 alienated his interest in the suit house in favour of defendant No. 1 for a consideration of Rs.16, 000. The plaintiff being a co -sharer in respect of the property in dispute claimed to be having a right of prior purchase. The defendant resisted the suit on various grounds as a consequence of which the following issues were framed by the Court:

(3.) IN order to prove her case the appellant examined Earn Saran, petition -writer, Dina Nath, Sunil Malhotra and her self as witnesses. Defendant No. l produced Jagan Nath, Amrit Lal Dewan Chand petition writer, Earn Lal, Chaman Lal Sain Bass Harcharan Dass Chopra, V.K. Chopra Advocate and Nijay Kunmr as her witnessess.