MOHAN LAL Vs. THAKURJI SHRI SHYAM SUNDERJI

JUDGEMENT

(1.) DEFENDANT No. 1 Mohan Lal has preferred this second appeal against the judgment and decree dated 24th of September, 1986 passed by the Additional District & Sessions Judge No. 5, Jaipur City, Jaipur, in Civil Regular Appeal No. 54/1981, whereby the first appellate court set aside the judgment and decree passed by the lower court dismissing the suit of the plaintiff, and decreed the suit of the plaintiff-respondent No. 1 for pre-emption in respect of the property, in dispute.

(2.) THIS Court formulated the following substantial questions of law involved in this second appeal:- 1. Whether in absence of any pleading, evidence or issue as to the matters covered by the provisions of Section 6 (1) (ii) and (iii) pleading the stair case to be common and/or the relationship between the plaintiff and the defendant No. 2 being those of the owners of the property servient or dominant to the property transferred having been specifically pleaded and established? 2. Whether the plaintiff Thakurji Shri Shyam Sunderji virajmaan through Revati Prasad Sharma has locus standi to file the present suit for pre-emption against the defendants and further whether the temple of plaintiff Thakurji Shri Shyam Sunderji Virajmaan belongs to Meena community or it is a personal property of Revati Prasad Sharma.

(3.) ON the basis of the pleadings of the parties the learned lower Court framed ten issues, which have already been reproduced in the judgment of the lower court. Both the parties led their oral and documentary evidence in support of their case.