B.K.RATHI, J. - (1.) THIS second appeal has been preferred against the judgment and decree dated 29 -9 -1986 passed by Smt. Sadhna Chaudhari, J.S.C.C., Meerut in Civil Appeal No. 480 of 1977.
(2.) THE facts of the case are very simple and almost admitted. One Lala Amba Prasad had four sons, namely, Harish Chandra, Suresh Chandra, Mahesh Chandra and Naresh Chandra. Mahesh Chandra filed Original Suit No. 359 of 1958 against his father and three brothers for partition of joint property consisting of urban property and agricultural land. This suit was decreed on 5 -12 -1959 in terms of the award accepted by all the parties and the award was made part of the decree. The award also contained a clause that in case any party want to transfer property allotted to him then others will have a preferential right to purchase or a right to pre -empt the sale. Naresh Chandra, respondent No. 3 sold his agricultural land given in his share in the said partition to respondent Nos. 1 and 2 by sale -deed dated 26 -10 -1967 for Rs. 40,000. After the sale -deed, Mahesh Chandra, the present appellant filed Original Suit No. 310 of 1969 claiming the right of pre -emption and for directing the respondents to execute the sale -deed of the land in his favour. The suit was decreed by the trial Court. However, the above first appeal has been allowed and the suit has been dismissed. Therefore, the plaintiff -appellant has preferred this second appeal.
(3.) I have heard Sri V.K.S. Chaudhary, Senior Advocate assisted by Sri P.K. Jain, learned Counsel for the appellants and Sri Ajit Kumar, learned Counsel for respondent Nos. 1 and 2.;