JUDGMENT

This is a civil 2nd appeal filed by the appellants (defendants) against the concurrent judgment and decree of the 1st Appellate Court dated 16.11.2012 and the judgment and decree of the trial court dated 31.05.2007 whereby the respondent-plaintiffs suit has been allowed and decreed. This appeal happens to have been admitted to hearing by the Court on 09.02.2015 read with order dated 17.06.2020 on the following two substantial questions of law raised by the appellants in the memorandum of appeal:

a) Whether it was not necessary for the trial court to frame an issue with respect to the specific averments of the appellants herein in the written statement that the respondent herein had waived, relinquished and forfeited the service of notice as required under right of prior purchase act having permitted the defendant no.2 to sell the land and as such his suit was not maintainable?

b) Whether while applying the law laid down by the apex court AIR 1986 SC 859 and the judgment of this Honble Court, the trial court as well as the first appellant court have committed a legal error in allowing the respondents claim of right of prior purchase despite the clear evidence on record that