MADAN LAL Vs. JERAM DAS AND ORS.

JUDGEMENT

(1.) These appeals are directed against the orders dtd.27.3.2009 passed by the learned Additional Dist. Judge, Barmer in Civil Misc. case No.10/2009, 11/2009 and 12/2009 - Madan Lal Vs. Jeram Das and ors. whereby the learned trial Court rejected the application of the plaintiff - appellant for temporary injunction under Order 39 Rule 1 and 2 C.P.C. in the suit for preemption filed by him which is still pending.

(2.) The learned counsel for the appellant submitted that the plaintiff has prima facie case in the suit and therefore, rejection of application for temporary injunction has caused serious prejudice to the plaintiff and merely describing the property as sold for commercial purposes in the sale-deed does not take away the right of preemption of the plaintiff. He also submitted that this Court had granted exparte order in favour of the appellant on 10.4.2009 restraining the respondents from alienating the suit property further.

(3.) On the other hand, Mr. N.R. Chaudhary, relied upon the decision of this Court in the case of Indira Bai Vs. Nand Kishore reported in AIR 1991 SC 1055 and submitted that the property in question has been purchased for commercial purposes and admittedly, the partition of the suit property has also taken place way back in the year 1977, therefore, the plaintiff had no right to claim preemption with respect to the said suit property.