KISHAN CHAND Vs. NAND KISHORE

JUDGEMENT

(1.) THIS is a vendees appeal in a per-emption suit against the judgment and decree of the learned Additional District Judge No. 2, Jaipur City, Jaipur dated February 20, 1976.

(2.) A house 'almashhoor' Ghiyawalan-ki-haveli is situated in Chowkari Ghat Darbajd, Rasta Kothi Regran in the city of Jaipur. Venders Badri Narain and Smt. Gyarsi Devi and Nand Kishore, plaintiff were co-sharers of the said haveli and Nail. Chowk and Pol were in common enjoyment of the above referred two co-sharers and other co-sharers. Badri Narain and Smt. Gyarsi Devi were arrayed defendants No. 1 and 2 in the suit and shall be hereinafter described as the vendors, they sold out their respective portion of the house for an amount of Rs. 19857/- to the appellants who were arrayed as defendants No. 3 to 5 in the suit, under a registered sale-deed dated July 24, 1972 without any prior offer by way of notice under section 8 of the Rajasthan Pre-emption Act, 1967 (hereinafter referred to as the Act) and even without otherwise offering the property to the plaintiff pre-emptor, Nand Kishore. The per-emptor filed a suit for pre-emption inter alia on the ground under Section 6 (1) (i) and (ii) of the Act i.e. he was a co-sharer in the property transferred and the staircase, Chowk and Pol were such amenities which were common to his property and the property transferred The suit was contested by the vendees as well as vendors who raised common pleas, denying any accrual of right of pre-emption to the pre-emptor over the portion of the house sold by the vendors to the vendees. They also came with a plea that the portions in dispute were really sold for a price of Rs. 19897/- and not for Rs. 17897/- as alleged by the pre-emptor and that the property was offered to the pre-emptor for Rs. 19897/- but the pre-emptor could not manage for the sale amount of the property and as such by his conduct has waived his right to pre-empt the property. On the pleadings of the parties the learned trial Court framed the following issues : 1. Whether the plaintiff is a co-sharer with defendants No. 1 and 2 in the property in dispute? 2. Whether the Chowk, Pol arid Nall facing West are joint between the plaintiff and defendants No. 1 and 2 and the plaintiff has a right of preemption on the disputed property?

(3.) THE above issues shall be numbered as issues No. 4, 5 and 6 and existing issues No. 4, 5 and 6 shall be re-numbered as issues No. 7, 8 and 9.