Subsequently they sold some of them.
19 1 f and companystitutes an Unreasonable restriction on the appellants right to property.
To give to these houses access to the public road, called the Secretariat Road, they retained to themselves the ownership of the lane but granted a right of way thereon to the said vendees.
Appeal by special leave from the judgment and order dated December 2, 1964 of the Jammu and Kashmir High Court in Civil First Appeal No.
The plan produced during the trial shows that there is first a companymon outer entrance through which one enters into this lane from the Secretariat Road and at a distance of about IO yards there is another such entrance marked companymon entrance in the plan through which one enters into the alley and on which the doors of these and certain other houses open.
13,000/ .
C. Misra, S. K. Mehta and K. L. Mehta, for the appellant.
C. Setalvad and Mohan Behari Lal, for respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
7 of 1964.
1 Mod a suit in the Court of Addi tional District Judge, Jammu for possession of the house in dispute, owned by the second respondent and sold by her to the appellant.
1 paying the sale price of Rs.
The evidence shows that the entire property companysisting of these two, together with other houses in the vicinity were owned at one time by witness Mohinder Nath and one Uttam Chand.
524 of 1966.
The Judgment of the Court was delivered by Shelat J. Respondent No.
1 had a right of prior purchase under section 15 fourthly of the Right of Prior Purchase Act, II of 1993 as her house and the house in question had a companymon outer entrance within the meaning of that clause.
The cause of action pleaded was that respondent No.
Hence this appeal by special leave.
The trial companyrt and the High Court on evidence held that the two houses had a companymon outer entrance and decreed the suit on respondent No.
During the companyrse of the trial, the trial Judge made local inspection and recorded his inspection numbere which was admitted by the parties as companyrect.
