INDER CHAND Vs. JETHI

JUDGEMENT

(1.) Arguments heard.

(2.) This appeal is arising out of the judgment and decree passed by the trial Court dated 20-8-1971 and upheld by the first appellate Court by the judgment and decree dated 24-11-1981. The trial Court decreed the suit of the plaintiff on different grounds than the grounds on which the first appellate Court decreed the suit. The first appellate Court also declared the share of the plaintiff as 1 /3 in the suit property instead of 4/9 as declared by the trial Court.

(3.) Brief facts of the case are that the property in dispute, situated in the city of Bikaner, was belonging to one Ganga Das and Mool Chand Ganga Das had 2/3 share whereas Mool chand had 1/3 share in the suit property, Ganga Dass had four sons, Moti Lal, Raman Lal, Shanker Lal and Shiv Ratan. Shiv Ratan died in the year 1931 leaving behind his widow Smt. Jethi, who is the plaintiff. Moti Lal and Raman Lal separated from Ganga Das in the year 1937, Shanker Lal s/o Ganga Das and Smt. Jethi widow of predeceased son of Ganga Das, were living together in the house in dispute. As per the old law, according to Ganga Das, Smt. Jethi plaintiff had only right of maintenance. Ganga Das in his lifetime, executed a Tamliknama on 18-1-1955 in favour of his son Shanker Lal and gave his 2/3 share in the property in dispute to said Shanker Lal. The copy of the Tamliknama is placed on record as Ex. AS. This document is not in dispute. Ganga Das died in the year 1961 and on 18-10-1966 said Shanker Lal sold the entire house to the defendant-appellant Laxmi Chand by registered sale-deed. Plaintiff Smt. Jethi, daughter-in-Law of deceased Ganga Das filed this present suit for preemption on the ground that she is co-sharer in the house in dispute, therefore, has prior right to purchase the share in house which has been sold by said Shanker Lal to Laxmi Chand under the Rajasthan Pre-emption Act.