1996 A I H C 33 ::(1996) 2 CivLJ 535 ::(1995) 2 Mad LW 680 ::(1996) 1 Mad LJ 128

Madras High Court

Hon'ble Judge(s): Govardhan , J

Civil P.C. (1908) , O.39, R.I— Interim injunction - Pre-emption suit - Plaintiff (Pre-emptor) aware of proposed sale of property by co-sharer to stranger - Suit for declaration that sale is null and void - Plaintiff not entitled to interim injunction restraining purchaser from making alterations in suit property. Pre-emption - Suit for - Interim injunction. The right of pre-emption is not a right to the thing sold but a right to the offer of a thing about to be sold, this being the primary or inherent right and that the pre-emptor has a secondary or a remedial right to follow the things sold.(Para 6) Where the plaintiff claiming the right of pre-emption on basis of a partition deed was aware of the proposed sale of the property owned by another co-sharer, to a stranger and thus there was no necessity of issuing any notice to the plaintiff, in a suit filed by the plaintiff for declaration that the sale is null and void being in contravention of his right to pre-emption, he could not claim and was not entitled to interim injunction restraining the purchaser from making any alterations, additions etc. in the suit property, since the plaintiff had no prima facie case. Making the interim injunction absolute, would only deprive the purchaser of the property his right to enjoy the property purchased by h....