ORDER

In a suit for partition in the court of the Vth Additional District Judge, Jabalpur in C.S. No. 6A/82, the second defendant by way of an amended written statement purporting to base his claim under section 4 of the Partition Act claimed the right of pre-emption available to a co-sharer in regard to certain portion of the property which is claimed to have been alienated in favour of defendant nos. 13 and 14. The trial court while granting the preliminary decree for partition, negatived the said claim on the ground that the said right cannot be exercised by defendant no. 2 in a suit brought for partition by a co-sharer but the said right will be available to defendant no. 2 if a suit is brought for partition by the purchaser of the share in the joint family property.

2. On appeal, the High Court reversed the said finding and following the judgment of Gujarat High Court in Gulamrasool Sarfuddin Malek & Ors. v. Dulhanbibi & Ors. [AIR 1980 Guj. 110] Alekha Mantri v. Jagabandhu Mantri and Others [AIR 1971 Orissa 127] held that defendant no. 2 is entitled to the relief based on the claim of pre-emption and remanded the matter to the trial court to proceed further with the suit in acco