GOPICHAND AND PRABHU DAYAL Vs. MEENALAL

JUDGEMENT

(1.) THESE are three appeals which arise out of two suits for pre-emption of a property situated in Chowkri Bisheshwarji Rasta Gopalji Jaipur City sold by Hanuman prashad defendant in favour of Mina Lal (hereinafter to be called the vendee) as per sale-deed, dated 7th December 1942 and registered on 16th June, 1943. One of the suits namely 149 of St. 2,000 was filed by Prabhoo Dayal who hereinafter will be referred to as the first pre-emptor and the other that is 150 of St. 2000 was filed by Gopichand who will hereinafter be referred to as the second pre-emptor. Both the suits were filed in the Court of City Sub-Judge, Jaipur on the 1st July, 1944. The sale consideration was Rs. 2,599/- and the property sold is represented by letters A & B on the ground floor and letters Y and X on the second and third floor respectively in the sketch map Ex. A 3 filed in the suit No. 150 and is coloured red. It is the part of a big Haveli.

(2.) THE claim of each of the pre-emptors is that he has preferential right as compared to the vendee on account of being co-sharer in the property, participator in immunities and appendages and owners of adjoining immoveable property.