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SANJAY A. DESHMUKH
Sumati @ Asha Wd/o Anil Subhedar – Appellant
Versus
Yashodhara Wd/o Sunil Subhedar – Respondent
JUDGMENT :
1. This appeal is preferred against the Judgment and decree passed by learned District Judge-10, Nagpur in Regular Civil Appeal No. 409 of 2007, dated 25.06.2019. The said first appeal was preferred against the Judgment and decree passed by learned Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No.126 of 2006 dated 02.05.2007.
2. Brief facts of the plaintiffs case are as under :
(i) The plot No.21 in Block No. Q, total area admeasuring 8000 sq.fts. (743.21 sq.mtrs.), situated at Scientific Co-operative Housing Society Limited, Nagpur which is portion out of the Khasra Nos. 4/1, 4/2, 7/2, 25, 26/1, 1-4 of Mouza Ajni City, Survey No.359, Sheet No.34 having Municipal Corporation house No.321, situated at Laxmi Nagar, Ward No.75, is the suit property.
(ii) The suit property was purchased by Late Kashinath Subhedar in the name of his wife Sushila Kashinath Subhedar by sale-deed dated 09.08.1962. A house was constructed on some part of it. The plaintiffs are residing in it. Sunil, Anil, Subhash and Nishikant are the sons of late Kashinath and late Sushilabai. They were residing jointly there. Kashinath died on 09.11.1987 and Sushilabai died on 15.12.2001. They ex
The right of pre-emption under the Hindu Succession Act is contingent upon the property being that of a Hindu male who dies intestate, which was not applicable in this case.
The court affirmed that Class I heirs have a preferential right of preemption under Section 22 of the Hindu Succession Act regarding joint family properties, emphasizing the need to deposit the purch....
The right of pre-emption under Section 22 of the Hindu Succession Act applies even post-transfer if co-heirs were not notified, reinforcing the protection of joint family property.
The character of a property as a dwelling house under the Partition Act is retained even with temporary use for commercial purposes, necessitating fresh adjudication of related applications.
The court clarified that a will's condition restraining alienation does not apply to the legal representatives of the testator and that a right of preemption under the Hindu Succession Act is only ap....
A plaint must disclose a clear cause of action; clever drafting that creates an illusion of a cause of action is insufficient for maintaining a suit.
Right to Pre-emption – Application for pre-emption under Section 4 of Partition Act can be made at any stage of partition suit so long entire partition decree is not satisfied – It is only when decre....
The right of pre-emption under the Partition Act can be invoked at any stage of a pending partition suit, irrespective of the limitation period under the Limitation Act.
Result: Appeal rejected.
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