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1962 Supreme(Raj) 148

BHANDARI
Durga Devi – Appellant
Versus
Jamna Devi – Respondent


Advocates Appeared:
P.N. Datta, for Appellants

BHANDARI, J.—This is a Civil Second Appeal in a suit for pre-emption.

2. Mst. Goran, who was Defendant No.1 in the trial court and who after her death is represented by her daughters Mst. Durga Devi and Mst. Dhapan Devi, sold certain house property detailed in the plaint, situated at Jaipur to her son-in-law Sunder Lal by the sale-deed dated the 16th of April 1948. The sale was for a sum of Rs. 999/-. On this Roopnarayan, who is also dead and is now represented by his widow Mst. Jamna Devi filed a suit for pre-emption in the court of the Munsiff, West, Jaipur City on the 24th of November, 1948. On the 25th of July, 1950 Mst. Durga and Mst. Dhapan instituted another suit, Civil Original No.III of 1950, for a declaration that the sale of the disputed house by their mother to Sunderlal was null and void. Roop Narayan was made a party to this suit but after his death the matter was not pursued and his legal representatives were not brought on record. Mst. Dhapan and Mst. Durga obtained an ex parte decree against Mst. Goran and Sunderlal in the suit for declaration on the 25th of May, 1951 by which it was declared that the sale was valid for the lifetime of Mst. Goran and was null and vo







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