RAGHUVAR DAYAL Vs. BIRMA DEVI

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dt. 03.12.2008, passed by the Additional District Judge, Fast Track No. 1, Dholpur in civil appeal No. 236/2007 (58/1998) affirming the judgment and decree dt. 23.10.1998, passed by the Civil Judge (Jr. Div.), Bari, whereby the plaintiff -appellant's (hereinafter 'the plaintiff') suit for preemption was dismissed. Heard the counsel for the plaintiff (now dead and represented through his LRs) and perused the concurrent judgments of the Courts below.

(2.) THE Courts below have held that the suit based on the purported right of preemption laid by the plaintiff on the basis of easementary rights and "common wall" was not sustainable in view of the judgments of this Court in the case of Nen Mal vs. Kan Mal, : 1987 (II) RLR 278 and in the case of Dharam Pal vs. Smt. Kaushalya Devi, : 1989 (2) RLR 826 respectively holding that the right to preemption based on easementary rights was unconstitutional as was one based on vicinage. The two grounds on which the suit for preemption was laid were fully covered by the aforesaid two judgments of this Court. Consequently, nothing erroneous can be found in the judgments of the Courts below. No substantial question of law, in my considered opinion, in the present second appeal can thus arise in the facts of the case. Consequently, the second appeal is without force and is dismissed.