KAMLA Vs. AMAR CHAND

JUDGEMENT

(1.) RESPONDENT No. 1 plaintiffs suit for pre-emptory right bearing No. 87/84 (6/81)before the Court of District Judge, sirohi is decreed and challenged is the decree.

(2.) RL is plaintiff, R2 defendant No. 1 is the purchaser, R3 the defendant No. 2 whose name because of his death is deleted vide order dated 22-10-2007.

(3.) ADJACENT were the properties of P and d2 and P instituted a suit averring that (1)D2 without any notice to P, sold his house at south of plaintiffs property - sold vide registered sale deed dated 17-1-1980 and handed over possession to D1. Claimed preemption averring that wall between these adjacent houses from east to west of about 46 ft. is common of joint ownership. (2) This wall constructed by the original owner of these both houses. (3) On the first floor of p's house in one room, are two ventilators of one 1. 25 x 2. 5 ft. and for other room is ventilator of 1. 5 x 2 ft. "similarly are too mukhiyas towards property of D2 uninterrupted air and light to plaintiff for more than 20 years and thus, is a easement, (3) Roofs of both the houses are on and supported by this common wall, (5) In rooms of first floor of P in this southern common wall are several almirahs, (6) Plaintiff seeks iron girder of roof rest on this common wall. Similarly, six wooden slippers of the one room rest on this common wall. Averring as above jointness and ownership of wall and also easementary right, P claims right of preemption and further averred that plaintiff was and is ready to pay consideration amount of Rs. 18,500/- and as sale made without notice to plaintiff and so is intimated to defendants by registered notice dated 6-1-81, requested for decree of pre-emption and sale in plaintiffs favour on payment of rs. 18,500/ -.