ASHOK KUMAR Vs. SAWAI SINGH

JUDGEMENT

(1.) The facts in brief giving rise to this civil miscellaneous appeal are that the plaintiff-appellants and proforma respondents No. 7 to 11 filed a suit for pre-emption and permanent injunction with an application making a prayer for temporary injunction, with the averments that late Raja Laxman Singhji sold Plot No. C-1 on 8.3.1957 to one Kamal Singh and sold Plot No. C-2 on 11/2/1957 to one Smt. Prem Kumari. Smt. Prem Kumari sold this plot on 14.5.1962 to Kallimullah. Thereafter, the plaintiffs purchased this plot vide, registered sale deed dated 12.7.2000 from the legal heirs of Kallimullah. The defendant-respondent Nos. 1 to 5 sold the plot No. C-1 to the defendant-respondent No. 6 vide two registered sale deeds dated 11.7.2002 and 18.7.2002.

(2.) The plaintiffs have three windows, Roshandan and Nalas towards Plot No.C-1 and there is a common way of both Plot No. C-1 and No. C-2. Plot No. C-l was lying vacant. The legal representatives of late Kallimullah were enjoying easementary rights for last forty years over Plot No. C-l and the facilities of both the plots were common. Hence, the plaintiffs got the right of pre-emption under section 6 of the Rajasthan Pre-emptipn Act, 1966 (in short the Act of 1966'). The defendants did not give any prior notice to the plaintiffs with regard to sale of Plot No. C-1. Now, the defendant No. 6 is bent upon raising construction on this plot without any right as the plaintiffs have got their right of pre-emption as well as easementary rights. It was, therefore, prayed that the defendants may be restrained from alienating this property in question and not to raise any construction, whatsoever, upon Plot No. C-l.

(3.) Defendant No. 6 submitted written statement and denied the averments with regard to pre-emption and easementary rights. It was pleaded that there is no common way and the plaintiffs raised some constructions over Plot No. C-2 after 12.7.2000. The remaining defendants also submitted their written statement.