TEEJA DEVI Vs. NORATMAL

JUDGEMENT

(1.) This is defendant's first appeal against the judgment and decree of the learned Additional District Judge, Churu dated 21st March, 1972 in a suit for pre-emption.

(2.) Respondent Mst. Teeja Devi purchased 1/3rd portion of a house for a consideration of Rs. 10,000/- from Shri Laxmipat defendant No. 2. The plaintiff who claimed himself to be a co-sharer, filed a suit for a decree for pre-emption alleging that he had no knowledge of the sale and that the sale was made by Laxmipat without giving any notice to him under the provisions of the Rajasthan Pre-emption Act, 1966. He also averred that the property was actually sold for Rs. 8,000/- but a fictitious figure of Rupees 10,000/- was mentioned in the sale-deed and he, therefore, prayed that the decree of preemption in respect of 1/3rd portion of the house belonging to Laxmipat, details whereof were given in para 1 of the plaint, be passed in his favour.

(3.) The suit was contested by the defendant-vendee who came out with a plea that there had been a partition in the family and, therefore, the plaintiff could not claim himself as a co-sharer in respect of the suit property and since a notice was given to the father and uncle of the plaintiff through whom he derived his title and interest in the property, he has no locus standi to file a suit for pre-emption. It was however denied that the real sale price of the property was Rs. 8,000/-.