R. BALIA

( 1 ) THE Appeal No. 96 of 1992 is defendants appeal arising out of a preliminary decree for pre-emption of the suit property passed in favour of respondents Nos. 1 and 2 by the learned Additional District Judge, No. 2, Udaipur in Civil Suit No. 126 of 1985.

( 2 ) MAHAVEER son of Bhanwarlal and Sunder Lal son of Bhanwarlal, two brothers, filed a suit for pre-emption of the property, sold by defendant No. 2 (respondent No. 3) Vijay Singh to appellant-defendant No. 1 Smt. Roopi Bai, claiming their right to preempt the sale of property. The case of the plaintiffs is that the property in question is a part of a building originally owned by Pratap Singh Talesra, Vijay Singh Talesra and Chander Singh Talesra between whom the property was partitioned. The plaintiff-Mahaveer had purchased a part of share of Pratap Singh on 12/02/1982 and Sunder Lal another part of the share of Pratap Singh through another registered sale deed on 12/02/1982. At the time, they purchased the said shares of Pratap Singh, the properties had certain joint amenities which was being used by the owners and occupants of other parts of the property. The other owners of the property at the time of sa