GHAN SHYAM DAS Vs. CHAND BEHARI AND ORS.

JUDGEMENT

(1.) The facts leading to this application under Order 47 Rule 1 CPC for reviewing the judgment dated 20.02.2008 passed in Civil First Appeal No. 142/2001, Ghanshyam Das v. Chand Behari & Ors., are that the plaintiffs, the defendant No.2 and Chagan Lal, had shares in House No.1796 in a Haveli situated near Peepla House, Chokdi Topkhana Desh, Rasta Khuntetan, Jaipur City.

(2.) By a decree of partition dated 16.12.1964, a Mahal situated in northern part of Haveli on second floor came in share of Bhagwan Sahai, the father of the plaintiffs. The defendant No.2 sold the house, fully described in Para No.4 of the plaint, to the defendant no.1 for Rs. 35,000/- without informing the plaintiffs. Therefore, the plaintiffs filed a suit on the basis of their right of preemption against Ghanshyam Das, the petitioner, and Moti Bai. The suit was contested by the defendants. The learned Trial Court framed issues and after recording evidence of the parties and hearing them, decreed the same on 11.04.2001. The petitioner assailed the said judgment and decree by filing an appeal in this Court. After hearing the parties, the same was dismissed on 20.02.2008. The petitioner has sought review of the said judgment.

(3.) I have heard learned Counsel for the parties.