JUDGMENT

Both first appeals have arisen out of two separate civil suits for pre-emption, wherein parties are common and some of issues related to law of pre-emption are also common, although facts and properties are slightly different but both appeals are tagged and with consent of learned counsel for both parties, have been heard together and, would stand decide by this common judgment.

2. Relevant facts, in nutshell to give rise both appeals are as under:—

2.1 One Damodar Lal (original plaintiff) claimed a right of preemption in properties sold by Chhoti Devi and Nirmala Devi (defendants No.2 and 3) situated in haveli three storied bearing Municipal No.1236, Khejron Ka Rasta, Chowkri Topkhana Desh, Jaipur on the ground of having common chowk, pole, nall, ravish etc. plaintiff claimed that he is a co-sharer in the haveli and has a right of pre-emption to purchase the another portion of haveli, sold by defendants NO.2 and 3 (who are also another co-sharers in the haveli) to vendees other persons namely, Kewal Chand and one Smt. Patasi Devi through different registered sale deeds. Hence, the plaintiff filed two separate civil suit for pre-emption & for possession.

2.2 Initially Damod