PREMCHAND Vs. MANGILAL

JUDGEMENT

(1.) Appellants-plaintiffs - Premchand and Shantilal have preferred this Regular First Appeal under Sec. 96 of the Code of Civil Procedure challenging the impugned judgment and decree dtd. 10/4/2019 passed by the Additional District Judge, Sangwara, District Dungarpur in Civil Original Suit No. 09/2018, whereby the trial Court dismissed the suit filed by the appellants-plaintiffs for Pre-emption in respect of the property in question.

(2.) Facts leading to the filing of this first appeal are that on 18/2/2013 appellants-plaintiffs instituted Civil Original Suit No.09/2018 against the respondents-defendants with the averments that the appellants-plaintiffs are in possession of ancestral house measuring 73.9' x 29' situated at Chhota Bodigama as owners. The house of respondents-defendants Nos. 1- 3 is situated towards southern side of appellants-plaintiffs house. It was further submitted that father of the appellants- plaintiffs namely Velji had constructed a house for father of defendant Nos. 1 and 2 measuring 73.6' x 13.6' having existed a common wall in between both the houses.

(3.) It was further alleged that the respondents-defendants had sold their house through registered sale-deed dtd. 18/9/2012 to defendant No.4 Smt. Chanda Bai for a consideration of Rs.3.00 Lakhs. As soon as, the appellants-plaintiffs came to know about the said sale deed, they requested the respondents-defendants to cancel the said sale deed but the respondents- defendants refused to do so. Thereafter, the appellants-plaintiffs, sent a legal notice to the respondents-defendants on 20/12/2012 but the defendants did not move forward, thus, the appellants-plaintiffs filed a suit for Haq shufa (pre-emption) seeking cancellation of the said sale deed executed in favour of the respondent-defendant No.4.