THAKURJI SRIJI OF JAIPUR Vs. GULAB BAI

JUDGEMENT

(1.) THIS is an appeal by the defendant Thakurji Sriji, which being a temple has been filed through Gulabchand and others against the judgment of the Senior Civil judge, Jaipur, dated 16-9-1953, in a suit for pre-emption. The appeal raises a point which is interesting and which does not appear to be directly covered by authority,

(2.) THE facts in so far as they bear on the contentions raised before me in this appeal may be stated very shortly. Certain rooms and a verandah in a house situate in Chowkdi Ghat Darwaza, Gheewalon-ka-Rasta in the city of Jaipur belonged to one Moolchand. The latter sold them to Thakurji Sriji situate in the same building by a registered deed dated 23-2-1948. The respondent Mst. Gulab bai filed a suit for pre-emption on the ground that she was a co-sharer in the same building. The suit was brought on 28-7-1948. The trial Court partly decreed the suit by its judgment and decree dated 31-7-1952, and the operative portion of the decree was in these terms:

(3.) THE principal contention which has been raised before me is that the Courts below have fallen into grave error in passing the order which they did after the trial court's decree was passed on. 31-7-1952, inasmuch as once that decree had been passed, the pre-emption suit was finally decided and the trial Court had no further judicial function to perform in respect of the complete disposal of the suit, and, therefore, all the proceedings taken by the Courts below after 31-7-1952, were erroneous and without jurisdiction. In the second place, it is also contended that the particular division which has been directed by the Courts below is unfair to the defendant and should be modified as prayed in the grounds of appeal. I consider it unnecessary to give the details of the changes proposed by the appellant, as I am of opinion that if the first contention raised above has no force, this Court would not be justified in interfering with the decree passed by the lower appellate Court.