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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
A. Mohan – Appellant
Versus
Babita Ram – Respondent
| Table of Content |
|---|
| 1. challenge to rejection of preemption right. (Para 2 , 3 , 4) |
| 2. arguments regarding dwelling house status. (Para 5 , 6 , 7) |
| 3. requirements under section 4 of the partition act. (Para 8 , 9 , 11 , 12) |
| 4. status of dwelling house not lost temporarily. (Para 10) |
| 5. court remits case for fresh adjudication. (Para 13 , 14) |
JUDGMENT :
1. This matter is taken up through hybrid mode.
3. As submitted by Mr. Mohanty, learned counsel for the Petitioner, TS No.458 of 1991 was filed by one Laxmi Dei for partition of the suit property claiming eight annas share therein. She also prayed for a decree to direct the Defendant Nos.2 and 3 (Opposite Party Nos. 3 and 4) to re-transfer the eight annas share of Defendant No.1 purchased by them under Section 4 of the Partition Act. She also prayed for certain other reliefs, consequential as well as alternative. The suit was preliminarily decreed vide judgment dated 2nd December, 1995 declaring that the Plaintiff and Defendant No.1 have eight annas share each in the suit property. It was also directed that the Plaintiff may exercise her right under of the Partition Act to repurchase the suit property from Defendant Nos.2 and 3. Further, D
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 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.
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 application under Section 4 of the Partition Act, 1893 read with Section 44 of the Transfer of Property Act, 1882 was not premature and should be reheard by the lower court.
The right of pre-emption under Section 4 of the Partition Act is valid throughout the pendency of partition proceedings, irrespective of limitations set by Article 97 of the Limitation Act.
Principle under Section 44 of the T.P.Act is that of subrogation or substitution. When one of several co-owners transfers her share, the transferee stands in the shoes of the transferor. This Section....
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.
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