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REKHA BORANA
Lrs of Manohar Lal – Appellant
Versus
Prem Chand – Respondent
ORDER
1. The present regular appeal has been preferred against the judgment and decree dated 06.01.2012 passed in Civil Suit No.28/2011 by District Judge, Doongarpur whereby the suit for pre-emption as preferred by the plaintiffs under Section 11 of the Rajasthan Pre-emption Act, 1966 (hereinafter referred to as 'the Act of 1966') has been dismissed.
2. The case of the plaintiffs-appellants was that the defendant No.1-respondent No.1 who was the owner of the residential premise just adjoining to the houses of the plaintiffs sold out the same to defendant No.2 Mohammed Nijim on 11.04.2005 and the sale deed qua the same was also executed. The plaintiffs have two walls and the way in common with the house of the defendants and therefore, they have a right of pre-emption. It was further averred in the plaint that the notice as served by the plaintiffs was refused to be accepted by defendant No.1 and therefore, the present suit has been preferred.
3. Per contra, it was submitted by defendant No.1 that firstly, there was no house on site as alleged by the plaintiffs as of date. It was submitted that the house was in a deteriorated state and a notice was served on him by the Municipal Author
A right of pre-emption must be substantiated at the time of decree; absence of such right leads to dismissal of the claim.
The right of pre-emption must be claimed against all parties involved in a sale; failure to do so results in dismissal of the suit.
Right to Pre-emption – Just being owner of adjacent property does not give rise to pre-emptive right based on vicinage.
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