GYARSHI LAL Vs. UGAM DEVI

JUDGEMENT

(1.) The instant civil second appeal has been filed by the appellant-defendant-Gyarsi Lal (for short 'the defendant') against the judgment and decree dtd. 9/11/1995 passed by the Additional District and Sessions Judge, Neem Ka Thana (Dist. Sikar) (for short 'the appellate court') in Civil Appeal No. 24/86(50/85), titled as "Babu Lal and Ors. vs. Gyarsi Lal & Ors.", where by the appellate court allowed the appeal filed by the respondent-plaintiff(for short 'the plaintiff') reversed the judgment and decree dtd. 7/5/1985 passed by Mansif and Judicial Magistrate, 1st Class, Neem-Ka-Thana(District Sikar) (for short 'the trial court') in Civil Suit No.112/78, whereby the trial court dismissed the plaintiff's suit for preemption.

(2.) Brief facts of the case are that the plaintiff filed original suit for pre-emption against the defendant-Gyarsi Lal and Arjun Ram, brother of the proforma respondent No.9. During pendency of the appeal, he died and Smt. Basanti Devi was substituted as his legal heir. The plaintiff in his suit mentioned that the said Guwari is a joint property of his father Shri Ram Sahai and Arjun Ram. For the purpose of residence, they were using two rooms showing east side and one Varandha in front of these rooms and stair case situated in the said Varandha.

(3.) The plaintiff in his suit further mentioned that the main gate of said Guwari was constructed by his father Shri Ram Sahai as well as Arjun Ram, which was being used by them. Plaintiff also mentioned that Arjun Ram was living with his sister at village Jat Ki Dhani, Tehsil Khetri. He sold the portion, which was in his possession without informing the plaintiff. The plaintiff is entitled to purchase the share of the defendant on the basis of pre-emptory right. So, the suit filed by the plaintiff should have been decreed in his favour.