KALOO RAM Vs. RADHA KISHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present first appeal has been filed against the judgment and decree dtd. 20/5/1989 passed by the Additional District Judge No.2, Udaipur (hereinafter referred to as 'the trial Court'), whereby the suit preferred by the petitioner was rejected.

(3.) Briefly noted the facts in the present case are that appellant-Kaloo Ram filed a suit for right of pre-emption against the respondents stating therein that respondent No.2- Narayan Lal had sold a part of house/haveli to the first appellant- Kaloo Ram through a registered sale deed dtd. 3/11/1978. Subsequently, another portion of the Haveli was also sold by the respondent No.2- Narayan Lal to the respondent No.1- Radha Kishan on 4/10/1979. The respondent No.1- Radha Kishan further sold some portion of the Haveli to the respondent Nos. 3 and 4-Abdul Gani and Smt. Femida on 21/7/1980. It was pleaded in the suit that there existed a common passage between the properties of the first appellant i.e. Kaloo Ram and the respondent No.2-Narayan Lal, which is being used by the first appellant and the respondent No.2. It was further pleaded that the property, which was sold by the respondent No.2 is being used by the appellant for going to his premises. As there was a common entrance for both the properties, it was asserted that the first appellant-Kaloo Ram had the right of pre-emption over the property which was sold by the respondent No.2- Narayan Lal to respondent No.1- Radha Kishan.