IQBAL HUSSAIN Vs. KAMAL CHAND & ANR

JUDGEMENT

(1.) The present appeal filed under Order XLIII Rule 1(r) of CPC is directed against the order dated 27.9.11 passed by the Addl. District Judge No.4, Kota (hereinafter referred to as 'the trial court') in Civil Misc. Case No.74/09, whereby the trial court has allowed the application of the respondent No.1-plaintiff filed under Order XXXIX Rule 1 and 2 CPC.

(2.) It is submitted by the learned counsel Mr. Girish Khandelwal for the appellant that the appellant has purchased the suit premises from the respondent No.2 by executing a registered sale deed and the respondent No.1-plaintiff has filed the suit claiming his right of pre-emption to purchase the suit premises though the partition of the property had already taken place between the respondent No.1 and 2 way back in 1980. According to him, the respondent No.1 has no right to claim right of pre-emption and by virtue of the impugned order the appellant is restrained from carrying out the construction in the suit premises, which would cause great hardship to the appellant.

(3.) However, the learned counsel Mr. Rinesh Gupta for the respondent No.1 supporting the impugned order passed by the trial court has submitted that no partition, as alleged by the appellant, has taken place between the respondent Nos. 1 and 2 and that the respondent NO.1 has right of pre-emption, to purchase the suit premises, he being the co-sharer of the suit premises.