DEVILAL Vs. KISHANLAL

JUDGEMENT

(1.) Heard learned counsel for the parties. The appellants are aggrieved against the dismissal of the suit seeking decree for pre-emption by the trial court vide judgment and decree dated 4.12.1978 and dismissal of the first appeal by the first appellate court by the judgment and decree dated 7.9.1981.

(2.) Brief facts of the case are that as per the plaintiffs, the suit property was purchased by the plaintiffs Bhura Lal and his brother Moti Lal. They started living in the said property from the date of purchase of the property,i.e. from 2.7.1974. The property was never partitioned but because of no good relations between Moti lal and his brother's wife Smt. Sosar, they started their separate kitchen. Moti Lal died and thereafter Moti Lal's wife Smt. Sosar(defendant no.3) sold the property to defendant nos.1 and 2 for consideration of Rs.1500/- by registered sale-deed dated 15.6.1972. According to the plaintiffs, since the plaintiffs are co-sharers in the suit property, therefore, they have right to purchase the said sold property under the provisions of the Rajasthan Pre-emption Act, 1966 (for short the Act of 1966). It is also submitted that no notice before sale of the property in dispute as required under Section 8 of the act of 1966 was given to the plaintiffs by the seller or even by the purchasers, therefore, they are entitled to purchase the property.

(3.) The defendants submitted written statement and pleaded that the suit property was partitioned between the plaintiffs Bhura Lal and Moti Lal, about 25 years ago and, therefore, the plaintiffs are not cosharers in the suit property. The defendants purchasers also pleaded that they invested money after purchase of the property and the plaintiff never objected to it.