JALAUDEEN Vs. TARA DEVI & ANR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This second appeal has been filed by the defendantappellant-tenant under Section 100 of CPC against the judgment and decree of first appellate court dated 06.05.2008 in Appeal No.15/2001 whereby the learned first appellate court has dismissed the appeal while upholding the judgment and decree rendered by learned trial court dated 22.10.2010 in Civil Original Suit No. 152/1988 by which learned trial court dismissed the suit filed by the plaintiff for pre-emption in respect of suit property, a residential house situated in Mount Abu.

(3.) The Division Bench of this Court in the case of LRs of Smt. Sire Kanwar Maloo Vs. Shri Daudas Mantri reported in 2007 (3) DNJ (Raj.) 1661 has held that on the basis of common wall between the parties, the appellant/plaintiff cannot claim preemptionright. Therefore, both the courts below were justified in dismissing suit for preemption and the suit has been rightly dismissed.