OM PRAKASH Vs. SAGARMAL

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226 and 227 of the Constitution of India with the following prayers:-

(2.) The facts relevant for the present controversy are that the respondent Nos.1 to 4 - plaintiffs filed a suit for preemption being Civil Original Suit No.45/2016 against the petitioner-defendant and respondent No.5 in which it was averred that the respondent Nos.1 to 4-plaintiffs and respondent No.5-defendant No.1 belong to the family of deceased Chhoga Lal, who was having a property at Nimbaheda which was never partitioned amongst five sons of Shri Chhoga Lal as respondent No.1- defendant No.1 Bhanwar Lal sold two rooms from the disputed property to the petitioner-defendant No.2 through registered sale-deed dated 26.11.20212 and as the respondent Nos.1 to 4-plaintiffs are having preemptory right over the said property and, thus, they are entitled to purchase the said property for the amount mentioned in the sale-deed.

(3.) The petitioner-defendant No.2 filed written statement and denied the right of preemption to the respondent Nos.1 to 4- plaintiffs and also denied to have sold the property without information to the respondents-plaintiffs and since they were not interested to purchase the property, therefore, it was sold to the petitioner-defendant No.2.