ASHOK KUMAR Vs. KEWAL KRISHAN

JUDGEMENT

(1.) THIS Civil Ist Appeal is directed against judgment and decree dated 29 -09 -2000 of Learned District Judge, Jammu decreeing respondent Nos.1 & S suit for possession of a house comprising of two rooms, one kitchen, one bath room on the ground floor and two rooms on the first floor of House No. 497, Dakhi Hajama, Jammu on the basis of right of prior purchase on payment of sale consideration of Rs. 49,000/ -.

(2.) Facts: House No. 497, Dakhi Hajama, Jammu was originally owned by one Smt. Prem Kanta. Respondent Nos. 1 & 2, the plaintiffs were tenants in possession of that portion of the house which was the subject matter of the suit out of which this appeal has arisen. This house was sold by Prem Kanta to one Rajinder Kumar who had later sold a portion of it to the appellant ignoring respondent Nos. 1 & 2s alleged right of prior purchase of the house. Respondent Nos. 1 & 2, therefore, filed a suit for possession of the house on the basis of their right of prior purchase. The appellant, contested respondents suit on the ground that he and his brother were also tenants of Smt. Prem Kanta and the status of the appellant and respondent Nos. 1 & 2 being same as that of a tenant at the time of the sale, the respondents as such, could not claim any preferential right of prior purchase of the suit house. The appellant further says that when the original owner Smt. Prem Kanta had sold a portion of the house to respondent No. 3, the respondents had not challenged that sale deed in exercise of their alleged right of prior purchase and in that view of the matter, they were estopped from questioning the sale in favour of the appellant because he too was a tenant along with his brother in the house.

(3.) THE parties were put to the following issues by the trial court: - "1. Whether the plaintiff has a right to pre -empt the same executed by defendant No.2 in favour of defendant No.1? OPP 2. In case issue no.1 is answered in affirmative, whether plaintiff has waived his right to pre -empt, if any? OPD 3. Whether the plaintiff suit is barred by limitation? OPD