MOHD. KHALIL KHAN & ORS. Vs. MADAN LAL @ MADAN SINGH & ANR.
LAWS(RAJ)-2016-2-219
HIGH COURT OF RAJASTHAN
Decided on February 24,2016

MOHD. KHALIL KHAN And ORS. Appellant
VERSUS
MADAN LAL @ MADAN SINGH And ANR. Respondents

JUDGEMENT

Kanwaljit Singh Ahluwalia, J. - (1.) Whether an entrace to the Enclave which provides separate passage will fall within the definition of Section 6(ii) of The Rajasthan Pre-Emption Act, 1966 (hereinafter called 'the Act of 1966'), is a sole question raised before this Court.
(2.) Section 6(ii) of the Act of 1966, defines right of pre-emption on account of common entrance or stair-case and the same reads as under:- "6(ii). Owners of other immovable property with a stair-case or an entrance or other right or amenity common to such other property and the property transferred, and "
(3.) Mr. A.K. Bhandari the learned Senior Counsel appearing for the appellant-plaintiff contended that the trial court has gravely erred in dismissing the suit filed by the appellant-plaintiff. It is submitted that by virtue of Section 6(ii), the appellant-plaintiff had a prior right to purchase the property from defendant-respondent Madan Lal @ Madan Singh.;


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