M.B. SHARMA, J —This is defendants second appeal arising out of a suit for pre-emption. The subject matter of the suit out of which the present second appeal arises is a portion described in para 3 of the plaint, of a house described in para 1 of the plaint situated in Chaukri-Purani-Basti, Jat-ka-Kua ka-Rasta, Jaipur. Smt. Phool Kanwar appellant No. 1 the vendor sold her portion in the house to the appellants Gopal and Smt. Durga Devi appellants No. 1 and 2 respectively, the vendees, for a consideration of Rs. 2,000/- on June 13, 1960 and the sale deed was registered on August 5, 1960.

2. Hari Dutt Sharma, the respondent instituted the pre-emption suit on July 3, 1961 in the court of Munsif East, Jaipur against the appellants in which the claim for pre-emption was based on first degree i.e. Shafe-i-Sharik because the building in which the house of the respondent and the appellants were situated had joint stair case, Chowk, Pol and latrine.

3. The suit was contested by the vendor and the vendees namely the appellants, on the ground that the appellants had offered the suit portion of the house to the respondent before the sale and after the sale. The offer was made to the respondent t

Click Here to Read the rest of this document