RUKMANI DEVI Vs. PRABHU NARAYAN

JUDGEMENT

(1.) THIS appeal of defendant Smt. Rukmani Devi wife of Hari Narain is directed against the judgment and decree passed by the learned Additional District Judge No. 5, Jaipur City, Jaipur in Civil Suit No. 84/1980 (82/1973) in a suit of pre-emption filed by plaintiff Ganesh Narain.

(2.) THE plaintiff came with a case that defendant No. 2 Shanker Lal and defendant No. 3 Babu Lal son of Shanker Lal had owned the property situated at Chokri Ghat Darwaja, Bakshi Ji Ka Chowk, Jatuka Ki Gali, near Bhagchand Ji Ki Haveli at Jaipur and the house of defendant Nos. 2 & 3 and that of the plaintiff have a common chowk, a common pol and a common entrance. THE plaintiff further averred that since the defendant Nos. 2 & 3 had sold the suit property to defendant No. 1 Smt. Rukmani Devi, the present appellant without informing the plaintiff who had a prior right to purchase the said suit property being a co-sharer and having a common entrance, he filed the present suit claiming his right of preemption U/s. 6 of the Rajasthan Pre-Emption Act, 1966. THE plaintiff further stated in his plaint that the suit property was in fact sold for a sum of Rs. 11,000/- only but the apparent consideration in the registered sale deed dated 8. 6. 1972 was shown to be more at Rs. 14,999/-, therefore, the plaintiff was ready and willing to purchase the said suit property at the sum of Rs. 11,000/- and in the alternative if the court comes to the conclusion that the real sale consideration is Rs. 14,999/- then he is still ready and willing to purchase the said suit property at the said sale consideration of Rs. 14,999/ -.

(3.) THE map Ex. A-2 shows that the residential house of the plaintiff Ganesh Narain is situated on the left of a common chowk of 17'3" x 22'3" which chowk is common to three residential units. One belonging to the plaintiff on the left of the said chowk, one belonging to the defendant Nos. 2 & 3 which was sold to defendant No. 1 on the right side of the said chown and one belonging to Bhajan Lal. Two independent stair case from the said chowk lead to the residential house of the plaintiff on the one side and to the suit premises on the other side. THE said chowk can be accessed from a outer chown of 26'9" x 15'9" which chowk is on the front of the Gali Bakshi Ji Ki and from the said outer chowk a small pol having width of 3'9" exists and on the both sides of the said pol the rooms of residential units belonging to Bhajan Lal, who is not a party to the present suit but is a co- owner of the portion of the residential house in the north south of the said inner chowk , exist.