KALA DEVI Vs. RADHA KISHAN

JUDGEMENT

(1.) THIS first appeal by the vendee Kala Devi is directed against the judgment and decree of the Additional District Judge No. 2, Jaipur City dated September 20, 1973 decreeing the suit of the respondent Radha Kishan for pre-emption.

(2.) THE dispute relates to a portion of the residential house situated in Mohalla chowkari Ghat Darwaza, near Math Ka Kuwa, Jaipur City described in para 1 of the plaint. This entire house was owned by vendor Geeta Devi and the respondent pre-emptor Radha Kishan. In pursuance of the agreement executed by Geeta Devi on 22-3-1970 in favour of the appellant's husband Vishan Das (D. W. 4), Geeta Devi sold her share in the house for Rs. 18,601 in favour of the appellant vendee Kala Devi vide registered sale deed dated June 18, 1970.

(3.) IT is common ground between the parties that before the sale of the disputed property, the vendor Geeta Devi did not give any notice as prescribed under section 8 of the Rajasthan Pre-emption Act, 1966 (hereinafter referred to as the Act) to the pre-emptor. It is, however, admitted by the parties that before the sale actually took place a general notice in the name of the appellant's husband Vishan Das was published in a newspaper showing Vishan Das's intention to purchase the disputed property.