RAM PRAKASH AGARWAL Vs. PUSHPA AGRAWAL

JUDGEMENT

(1.) SINCE these two appeals being inter -related and involve one and the same core question of pre -emption in regard to the common property, hence both the appeals are taken up together for hearing and decision vide this common judgment.

(2.) TO avoid the repetition and have clear glance over the matter, the facts of both the cases are narrated as under:

(3.) S . B. Civil First Appeal No. 135/99 (Civil Suit No. 297/95) : - The plaintiff -appellant Ram Prakash filed a suit for preemption against defendant -respondent Nos. 1 and 2 Smt. Pushpa Agrawal and Gopi Chand respectively vendor and vendee of the disputed property, description of which was given in Paras 3 and 4 of the plaint. According to the plaint, the plaintiff -appellant and the defendant -respondent No. 2 Gopi Chand (vendor) (since deceased) are the co -sharers of the disputed property -house No. 4310 situated at Rasta Kundigaron Bherunji, Ghatgate, Jaipur and they are in possession of their respective shares. The defendant -respondent No. 2 Gopi Chand (vendor) sold his share in the disputed house, as mentioned in Paras 3 and 4 of the plaint, to respondent No. 1 Smt. Pushpa Agrawal on 5 -4 -1983 and the plaintiff -appellant came to know about this first time on 12 -4 -1984. Since the plaintiff -appellant Ram Prakash was the co -sharer of the disputed property, therefore, he is having a right to pre -emption. It was also stated that before sale of the disputed property the plaintiff -appellant Ram Prakash was neither given any notice under Section 8 of the Right of Pre -Emption Act, 1966 nor was he offered to purchase the same, therefore, a prayer was made for a decree of pre -emption in his favour. During the pendency of the suit, on the application filed under Order 1, Rule 10 of the Code of Civil Procedure (hereinafter to be referred as the Code), defendant -respondent No. 3 Smt. Pukhraj Devi was made as a party. It is also significant to mention here that respondent No. 2 Gopi Chand (vendor) died during the pendency of the suit.