SURENDRA NATH BHARGAVA, J. - (1.) THIS is plaintiffs' second appeal arising out of a suit for pre-emption.
(2.) DEFENDANT Nos. 2 to 8 sold a portion of the Haveli situated at Bordi-ka-Rasta, Jaipur in Chowkri Modikhana, to defendant No. 1, Smt. Gyarsi Devi, by a sale deed dated 7-8-1962 for a sum of Rs. 6,000/ -. The plaintiff being a co -sharer in the house had a preferential right of preemption as against the vendee, Smt. Gyarsi Devi who had no share in the said Haveli. It was further asserted in the plaint that the amount of Rs. 6,000/ - stated in the sale deed was fictitious, and in fact, only Rs. 4,000/ - were paid but since in the sale deed it had been shown that Rs. 4,500/ - were paid in the presence of Registrar, the plaintiff was prepared to pre -empt the property for a sum of Rs. 4,500/ - and therefore, the present suit was filed for a decree of pre -emption against the defendants on payment of Rs. 4,500/ -. The suit was contested by defendant No. I, Smt. Gyarsi Devi. She asserted that she paid full price of Rs. 6,000/ -; that there was no custom of pre -emption prevalent in the area in which the Haveli was situated and that inspite of a registered notice served upon the plaintiff, Shri Inder Lal Shashtri, the predecessor in title of the present appellant, he having refused to purchase the property, had lost his right of pre -emption, if any.
(3.) DEFENDANT Nos. 3 to 5 also filed a similar written statement, supporting the defendant No. 1.;