SBCMA No.626/2008 Deepak Samdani Vs.Jagdish Chandra & Ors. 1 SBCMA No.626/2008 Deepak Samdani Vs.Jagdish Chandra & Ors. DATE OF ORDER : - 26.11.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.T. Gupta,for the appellant. Mr.RR Nagori, for the respondent. <><><> Heard learned counsel for the parties. In a suit for preemption the injunction application was allowed by the trial court vide impugned order dated 8.1.2008, therefore, the purchaser-defendant has preferred this appeal. According to learned counsel for the appellant the suit property was commercial in nature. Though it is open piece of land, but it was let out to one Oil Mill and there was litigation also for possession against the tenant. It is submitted that in view of the above, the plaintiff's suit itself was not maintainable as there could not have been any right to preempt in commercial premises under the provisions of Rajasthan Preemption Act. I considered the submissions of learned counsel for SBCMA No.626/2008 Deepak Samdani Vs.Jagdish Chandra & Ors. 2 the appellant and perused the plaint and the written statement. In the plaint it is stated that plot in dispute is open piece of land and plaintiff is claiming that he is co- owner of the property. The defendant took the plea that the premises is commercial premises. The trial court granted the injunction restraining the appellant from raising the construction over the property in dispute during the pendency of the suit and restrained appellant from alienating the property. I do not find that the court below has either mis-read any evidence or has wrongly interpreted any evidence, which was considered by the trial court. The order cannot be said to be perverse or capricious or arbitrary. Maintaining the status quo in the facts and circumstances of the case is just and proper. There is no merit in this appeal and the same is hereby dismissed. However, the trial court is requested to decide the suit expeditiously. (PRAKASH TATIA), J. c.p.goyal/-