L RS OF SIREKANWAR MALOO Vs. DAUDAS MANTRI

JUDGEMENT

(1.) WE are seized of the matter as a refree Court. The reference as made is in the subject-matter of the decision in a first appeal. The matter of Smt. Kanwar Maloo v. Daudas Mantri came before the learned single Judge. After examining the case, he was of the opinion that the following question is involved in the appeal. "whether co-owner of a wall situated between the two adjacent immovable properties, are co-sharers within the meaning of sec. 2 (1) of the Rajasthan Pre-emption Act, 1966, read with other Provisions of the Act so as to give right to the co-owner of the party - wall to pre-empt the transfer of other immovable property under Sec. 6 (1) of the Act".

(2.) REGARDING this question the learned single Judge was of the opinion that there exists an apparent diversity of opinion in the decisions of this Court in the matter of jagan Nath v. Radheshyam and Anr, reported in ILR (1960) 75 and a later decision in the matter of Dharam Pal v. Smt. Kaushalya Devi, 1989 (165) RLR 826. The learned single Judge ordered that the matter be placed before the Hon'ble Chief justice for referring the matter to a larger Bench. The Hon'ble Chief Justice ordered that this case be decided by a larger Bench and hence the matter comes before us.

(3.) THE learned single Judge referred two aforesaid decisions for consideration, therefore, first we take up these two decisions and look into them as to what has been decided in them.