SHIV KUMAR SHARMA Vs. WAZIR AJAY VIR CHAND

JUDGEMENT

(1.) This is Civil Ist Appeal against the judgment and decree dated September 10, 1986 passed by the learned Additional District Judge, Jammu whereby he has decreed the pre-emption suit filed by Respondents Nos. 2 to 9. The facts of the case are that predecessor of Respondents Nos. 2 to 9, namely, Ved Parkash was a tenant of Respondent No. 1 in respect of two rooms and a Court-yard comprising of the house as delineated in the plaint. On 6-12-1979, the said house (inclusive of the demised premises) was sold by Respondent No. 1 to the appellant for a consideration of Rs. 20,000/-. The original owner had served ejectment notice on the said Ved Parkash whereby tenancy was terminated and he was asked to vacate the premises. Ved Parkash died and his legal heirs (Respondents Nos. 2 to 9) remained in possession of the demised premises and on sale of the house they filed suit for prior purchase of the demised premises. The suit was resisted by the appellant inter alia on various grounds including the denial of their status as tenants in respect of the premises in question. Preferential right of prior purchase to the right of Respondents Nos. 2 to 9 was also claimed by stating that the appellant had a common outer entrance with the sold premises which also served as servient property to the dominant property owned by the appellant. On 28-4-81, the trial Court framed the following five issues :-"1. Whether the plaintiffs are the tenants of the suit property and have a preferential right to purchase it? OPP

(2.) In case issue No. 1 is answered in the affirmative whether the plaintiffs have waived the right? OPD

(3.) In case issue No. 1 is proved whether defendant No. 2 is the owner of dominant heritage and the suit property being the servient heritage, defendant No. 2 has a preferential right to purchase it? OPD.