INDERMAL Vs. MOHANLAL

JUDGEMENT

(1.) THIS appeal comes from Shahpura and arises out of a suit for pre-emption. The plaintiff alleged that certain house property near Mohalla Kotharian the town of Shahpura belonged to Mangilal defendant No, 1 who sold it to Motilal defendant No. 2 for a sum of Rs. 225/-, as per sale deed Asoj Sudi 13, Samvat 2000 corresponding to nth October 1943. THIS property is adjacent to the plaintiff's residential house on the north. The plaintiff in accordance with the custom which prevailed in Shahpura was entitled to preempt the property but the defendant No. 1 without his knowledge sold the suit property to defendant No. 2 immediately with a notice to transfer the property to the plaintiff but the defendant No. 2 informed him that he had already transferred it to Kesarbai, Bhanwarlal and Ganga Bishan defendants No. 3, 4 and 5.

(2.) BHURALAL, Mathuralal and Sugan Chand defendants 6 to 8 also brought a suit for the pre-emption of the same property on account of the same transaction. Both the suits were consolidated and the last named three persons were impleaded in the present suit as defendant No. 6, 7 and 8.