ABDUL AZIZ PATTOO Vs. KHATJI

JUDGEMENT

(1.) The plaintiff seeking right of prior purchase of land measuring 5 kanals and 6 marlas situate at Zoonimar against the defendants/respondents, has appealed against the judgment and decree dated 29-3-1985 of 2nd Addl. District Judge Srinagar reversing the decree passed by City Judge, Srinagar vide his judgment dated 30-6-1975.

(2.) The appellant claims the right of prior purchase regarding the suit land on the basis of being co-sharer and tenant of the land in question. He filed a suit before the City Judge Srinagar and obtained a decree dated 30-6-1975 against the respondents who appealed against the same and Second Addl. District Judge, Srinagar reversed the finding of the trial Court on issue No. 2 which for purpose of reference is quoted hereunder: - "If issue No. 1 is answered in affirmative then whether the plaintiffs have by their deeds and actions waived their right to prior purchase." OPD While reversing the finding of the trial Court on issue No. 2 holding the plaintiff having waived the preferential right of prior purchase, thus, extinguishing his right to claim the decree, therefore, dismissal of the suit due to finding on the issue quoted keeping intact the finding on other issues including the preferential right of prior purchase of the plaintiff otherwise in tact, except having waived the same, further held that in the absence of any legal provision regarding method of serving notice to the person having preferential right of prior purchase, therefore, reversal of the finding on the point.

(3.) Respondents were summoned who failed to appear despite notice through publication for 21-10-1988, therefore, ex parte proceedings against the respondents vide this Court order 3-11-1988 were taken.