SUDESH BANSAL
Kunj Behari Lal S/o Late Shri Damodar Lal – Appellant
Versus
Kewal Chand S/o Shri Rikhab Chand – Respondent
JUDGMENT :
1. Both first appeals have arisen out of two separate civil suits for pre-emption, wherein parties are common and some of issues related to law of pre-emption are also common, although facts and properties are slightly different but both appeals are tagged and with consent of learned counsel for both parties, have been heard together and, would stand decide by this common judgment.
2. Relevant facts, in nutshell to give rise both appeals are as under:-
2.1 One Damodar Lal (original plaintiff) claimed a right of preemption in properties sold by Chhoti Devi and Nirmala Devi (defendants No.2 and 3) situated in haveli three storied bearing Municipal No.1236, Khejron Ka Rasta, Chowkri Topkhana Desh, Jaipur on the ground of having common chowk, pole, nall, ravish etc. plaintiff claimed that he is a co-sharer in the haveli and has a right of pre-emption to purchase the another portion of haveli, sold by defendants NO.2 and 3 (who are also another co-sharers in the haveli) to vendees other persons namely, Kewal Chand and one Smt. Patasi Devi through different registered sale
Goja Bai Vs. Ganga Bai Ramchandra Pawar and Ors reported in (1980)2 SCC 329
Sardar Singh Vs. Daleep Kaur and Ors reported in AIR 1981 P&H 340
Ram Saran Lall and Ors. Vs. Domini Kuer and Ors
Radhakishan Laxminarayan Toshniwal vs. Shridhar Ramchandra Alshi and Ors.
Patna High Court in the case of Domini Kuer Vs. Ramsaran Lal & Ors.
Kumar Gonsusab & ors. vs. Mohammed Miyan Urf Baban and Ors.
Hiralal Agrawal, Etc vs Rampadarath Singh & Ors., Etc.
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Ashutosh Chaturvedi Vs. Prno Devi @ Parani Devi and ors.
Vishwambhar and Ors. vs. Laxminarayan (Dead) through LRs. And Anr.
Radhika Devi Vs. Bajrangi Singh & Ors.
Kishan Chand Vs. Nand Kishore.
Maganbai and Jambu Kumar, LRs. Of Magan Lal Vs. Nasir Mohammad.
Mt. Zainab Bibi Vs. Umar Hayat Khan And Ors.
Smt. Roopi Bai Vs. Mahaveer and Ors. Reported in AIR 1994 Raj 133
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