CHHITARMAL Vs. MOTILAL

JUDGEMENT

(1.) THE suit for pre -emption having been decreed by the court below, the defendant -vendees have preferred this appeal on the ground that the property sought to be per -empted, namely, the roof of the shops, being indivisible part of the shops, no right of pre -emption accrues to the plaintiff -respondents under Section 5(1)(a) of the Rajasthan Pre -emption Act, 1966 The learned District Judge has held that Section 5 of the said Act is not applicable to the property in dispute. Mr. M.B.L. Bhargava, the learned advocate, challenges the correctness of the above finding.

(2.) IN order to appreciate the point involved in this appeal, it is necessary to narrate the relevant facts which are no longer in dispute.

(3.) IT may be pointed out at the very out -set that none of the rulings cited by Mr. Bhargava of the learned District Judge in his judgment deals with the point involved in this case and are thus wholly irrelevant.