GOURI SHANKER Vs. MADAN MOHAN

JUDGEMENT

(1.) On 14th of December, 1968, Surajmal agreed to sell house in dispute which is part of a house known as 'chhota makan' for a sum of Rs. 18,000.00 to Madan Mohan. Pursuant to the agreement of sale, Madan Mohan filed a suit for specific performance of contract and the suit was decreed. Pursuant to the decree, sale deed was executed on 26/10/1970.

(2.) Gouri Shanker, who is step-brother of Surajmal, filed suit for pre-emption on 18/05/1971 on the ground that he was a co-sharer with the vendor in regard to the house sold and under S. 6 of the Rajasthan Preemption Act, 1966, he was entitled to the decree of possession by pre-emption. The suit was contested on the ground that there was no relationship of co-sharer between the plaintiff and the vendor.

(3.) On the contest of the parties, two issues were framed, the English versions of which are as follows :- '1. Whether the plaintiff is a co-sharer in the property and so he has got a right of pre-emption? 2. Whether there is a joint wall on which the slabs of the both the houses rest and if so due to this, the plaintiff has got a right of pre-emption?'