PRABHATI Vs. ISAR

JUDGEMENT

(1.) THIS is a second appeal by the vendee in a pre-emption suit.

(2.) MST. Sagiran sold her house to Parbhati on 31st August, 1940, for a consideration of Rs. 99/ -. The respondent Isar instituted a suit for pre-emption on 12th October, 1940, the right of pre-emption being alleged both on the ground of vicinage and jointness in the party-wall. The suit was decreed by the trial court on 18th October, 1941, but on appeal the suit was dismissed by judgment of 6th December, 1943. An application was made to set aside that order, and after being unsuccessful in the Court of District Judge a revision was filed in the High Court, which gave directions that the application be considered. In the meanwhile a law was promulgated in Alwar that all old case, which had been dismissed on the ground that the right a preemption did not exist in Alwar, may be reopened on application in this behalf within a certain time. On application being made under that law, the appeal was restored, and the District Judge after rehearing allowed the appeal and sent the case back to the trial court for decision on merits by judgment of 30th September, 1947. The Civil Judge, Alwar, decreed the suit in favour of the plaintiff on 24th July, 1950, and the appeal was dismissed by the District Judge on 28th April, 1951. The defendant vendee has come in appeal.