AKBAR ALI Vs. AMBALAL

JUDGEMENT

(1.) The above two appeals raise common questions of law, so they are being disposed of by thts common judgment.

(2.) Both these appeals have been filed by the defendant-transferees of properties in suits for pre-emption, being unsuccessful in both the courts below, as the suits for pre-emption have been decreed by both the courts. The plaintiffs Ambalal and Heeralal instituted suits for pre-emption in respect of two immovable properties described in paras 2 of the plaints. In Civil Appeal No. 351/72, the property transferred consists of one 'Talia' and one 'Otla'. These immovable properties were sold by defendant No. 1 Dadamchand to the appellant Akbar Ali on 4-12-1967 for a sum of Rs. 1,000/- and in appeal No. 352/72 Dadamchand sold one house property for a sum of Rs. 500/- on 18-121967 to Mulla Abbas Bhai. The ground of pre-emption, as alleged by the plaintiffs in both the suits, is that the properties of the parties situate in one 'Gali' and a common 'Chowk' and they have common right of way and a common entrance. Defendant No. 3 Dhuraji also owns a house property in the same lane. The lane in which the properties of the parties and the three temples are situated, is a closed or blind lane towards north. The defendants denied the plaintiffs' right of pre-emption. The defendants also claimed easementary right over the transferred properties, so they claimed a preferential right of pre-emption.

(3.) Necessary issues were framed and after trial, the learned Civil Judge, Pratapgarh, decreed both the suits on August 10, 1971. The transferee- defendants preferred an appeal against the judgment and decrees of the trial court, but they were unsuccessful. Hence they preferred these second appeals.