PUKHRAJ SONI Vs. NISHA CITLANGIYA AND OTHERS

JUDGEMENT

(1.) Appellant-Plaintiff has preferred this second appeal under Section 100 CPC challenging judgment and decree dated 8th of February, 2018 passed by Additional District Judge No.1, Jodhpur Metro (for short, 'learned First Appellate Court'), whereby the learned First Appellate Court has upheld the judgment and decree dated 22nd of December, 2010 passed by learned Additional Civil Judge (Senior Division) No.2, Jodhpur (for short, 'learned trial Court').

(2.) In brief facts of the case are that appellant-plaintiff filed a civil suit for preemption against respondent-defendants stating therein that his grandmother Mooli Devi, executed a Will dated 15.05.1954 with regard to disputed the property in his favour and his brothers Bal Kishan and Daulal. Thereafter, his brother Bal Kishan transferred his part of the property to Mohan Singh and Mohan Singh by a registered sale-deed sold the said property to defendant No.2 Tara Devi. Subsequently, Tara Devi transferred the said property in favour of defendant No.1 Nisha Chitlangiya on 14.11.1994. With these averments, appellant prayed for decree of preemption in his favour regarding the suit property as he was having preferential right to purchase the said property.

(3.) During pendency of the suit, on 15.10.1998, defendants filed an application under Order 7 Rule 11 CPC before learned trial Court. The learned trial Court, vide judgment and decree dated 08.02.1999, while allowing the application, rejected the plaint. Being aggrieved, the plaintiff filed an appeal before District Judge, Jodhpur, which was transferred to Addl. District Judge No.1 and Addl. District Judge No.1, vide judgment and decree 25.07.2001, quashed and set aside judgment and decree dated 08.02.1999 and remanded the matter back to learned trial Court to decide the matter afresh in accordance with law.