MANOHAR LAL Vs. PREM CHAND

JUDGEMENT

(1.) The present regular appeal has been preferred against the judgment and decree dtd. 6/1/2012 passed in Civil Suit No.28/2011 by District Judge, Doongarpur whereby the suit for pre-emption as preferred by the plaintiffs under Sec. 11 of the Rajasthan Pre-emption Act, 1966 (hereinafter referred to as 'the Act of 1966') has been dismissed.

(2.) The case of the plaintiffs-appellants was that the defendant No.1-respondent No.1 who was the owner of the residential premise just adjoining to the houses of the plaintiffs sold out the same to defendant No.2 Mohammed Nijim on 11/4/2005 and the sale deed qua the same was also executed. The plaintiffs have two walls and the way in common with the house of the defendants and therefore, they have a right of pre-emption. It was further averred in the plaint that the notice as served by the plaintiffs was refused to be accepted by defendant No.1 and therefore, the present suit has been preferred.

(3.) Per contra, it was submitted by defendant No.1 that firstly, there was no house on site as alleged by the plaintiffs as of date. It was submitted that the house was in a deteriorated state and a notice was served on him by the Municipal Authorities for demolition of the house. After the property being sold out, complete three floors of the house had been demolished and as of date, there was only a vacant plot on the site. Therefore, it cannot be alleged that there were any common walls between the residential premises of the plaintiffs and defendant No.1 and they cannot claim any right of pre-emption.