BHANWAR LAL Vs. ISHWAR LAL

JUDGEMENT

(1.) THIS is a Civil Second Appeal against the order in Civil Appeal No. 78 of 1969 by District Judge, Ajmer, dismissing the plaintiff's appeal.

(2.) THE plaintiff appellant filed a civil suit No. 220/1965 for pre-emption against the respondents. He is the owner of the super structure (constructions of the house bearing No. AMC/xix/469 (Old) and 490 (New) situated at Babugarh Hill, Onasgar Ghati, Ajmer, in virtue of the sale certificate dated the 21st June, 1954. . He is in occupation of land over which the aforesaid constructions stand as an owner of the house and as a tenant at will of Dalchand Patel, in respect of land.

(3.) THE first Appellate court was of the view that the plaintiff has failed to prove any custom of pre-emption and he is not a co-sharer.