MAINA BAI Vs. ABDUL KADAR

JUDGEMENT

(1.) The suit for preemption filed by the plaintiff respondent was dismissed by the trial court vide judgment and decree dated 15.5.1992, however, the above judgment and decree passed by the trial court has been reversed and set aside by the lower appellate court vide judgment and decree dated 20.7.1995, thereby, allowing the suit for preemption filed by the plaintiff respondent with necessary directions.

(2.) Learned counsel for the appellant, while relying on the judgment of the Supreme Court in case of "Indira Bai Versus Nand Kishore" (AIR 1991 SC 1055), submitted that the suit has rightly been dismissed by the trial court. The preemption been weak and inequitable right and can be defeated by estoppel.

(3.) On the other hand, learned counsel for the plaintiff respondent supported the judgment and decree passed by the lower appellate court.