2008 Supreme(Raj) 256
P.B.MAJMUDAR
Ghanshyam – Appellant
Versus
Chand Bihari – Respondent
Advocates Appeared
R.R Garg, for Appellant
B.R Agarwal, Sr. Counsel with R.R Agarwal, for Respondents No. 1 to 3
Honble MAJMUDAR, J.—This appeal is directed against the judgment and decree passed by Additional District Judge, Jaipur City, Jaipur dated 14.10.1986 in Civil Suit No. 167/80 (old No. 106/79). The appellant herein is the original defendant No. 1 of the said suit. The aforesaid suit was filed by the plaintiffs (respondent No. 1 to 3 herein) against the present appellant as well as the respondent No. 4. The respondent No. 1 to 3 filed the aforesaid suit for pre-emption on the ground that a Haveli bearing Municipal No. 1796 situated at Chowkri Top Khana Desh, Rasta Khutetan, Near Peepla House, Jaipur, was a joint family property. It is also the case of the plaintiffs that the defendant No. 2 (respondent No. 4 herein) filed a suit for partition of the said Haveli against the plaintiffs father Bhagwan Sahay and others in the court of Civil Judge, Jaipur City, Jaipur, wherein a decree for partition was passed on 16.12.1964 and as per the said decree, the house was divided amongst the co-sharers. One of the co-sharer Smt. Bhonri Bai gifted her share to the respondent No. 4 (original defendant No. 2) Chhagan Lal and another co-sharer Smt. Barfi Bai sold her share for Rs. 3000/- to said def
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