1 S.B.CIVIL FIRST APPEAL NO.789/2007. Smt.Aruna Anand. VS Shri Jagdish Prasad and Others. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL FIRST APPEAL NO.789/2007. Smt.Aruna Anand. VERSUS Shri Jagdish Prasad and Others. 22.02.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.Rajesh Kapoor, for the appellant. ***** This is a regular first appeal filed by the plaintiff in a suit for preemption. The plaintiff claimed preemption on the basis of the common wall. The learned trial court decided on the basis of the evidence on record including the document of title of the plaintiff (Exhibit-6) the sale-deed in favour of the plaintiff of the property in which the alleged common wall exists wherein the wall in dispute which the plaintiff claimed to be the common wall has not been shown to be a common wall. On the contrary two separate walls adjacent to each other have been shown. These findings could not be assailed before this court also by the learned counsel. In the facts and circumstances of the present 2 S.B.CIVIL FIRST APPEAL NO.789/2007. Smt.Aruna Anand. VS Shri Jagdish Prasad and Others. case, the right of preemption itself not being proved the suit filed by the plaintiff-appellant for preemption was not maintainable. The findings of the learned trial court do not call for any interference. The impugned judgment and decree does not call for any interference. The appeal is accordingly dismissed summarily. (DALIP SINGH),J. Solanki DS, Jr.P.A.