BAPNA, J.—The respondents 1 and 2 sued the appellants for possession of certain house property situated in the town Bundi, described in the plaint, in enforcement of their right of pre-emption.

2. It was alleged that the house of the plaintiff-respondents No, 1 and 2 was situated adjoining the house property sold by respondents 3 to 5 to the appellants on 27th July, 1946, and the plaintiffs as soon as they came to know of the sale offered to pay the same price to the vendees and asserted their right of pre-emption. It was alleged that the vendors and the vendees failed to comply with the request of the plaintiffs. The suit was instituted on 4th March, 1947. The vendors did not put in appearance but the suit was contested by the vendees. They denied that the plaintiffs were owners of the adjoining property. They pleaded that the plaintiffs had failed to perform the requisite Talabs and further alleged that the plaintiffs had declined to purchase the property and were estopped from putting forward their claim.

3. The trial court after evidence found that the plaintiff had failed to prove that the plaintiffs were the owners of the house property adjoining the one sold. It was further he

Click Here to Read the rest of this document