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RAJEEV RANJAN PRASAD, RAJEEV RANJAN PRASAD
Vijay Kumar Pahwa – Appellant
Versus
Vinod Kumar – Respondent
Key Points: - The court holds that there is no applicability of Section 22 where the property came to co-heirs in a family partition and there is no devolution of interest under the Act of 1956 (Paras 11-14, 42000053850012). - The judgment notes that a separate holding number created for one co-heir after demarcation defeats the claim of unity of title and possession necessary for Section 22 applicability (42000053850007, 42000053850011). - It is observed that during the lifetime of the father, the co-heirs had their rights recognized in records, but such recognition does not establish Section 22 rights if the property was partitioned subsequently (42000053850011, 42000053850012). - The decision cites the need for devolution of interest under Section 6 before Section 22 can apply, and that mere unity of possession without devolution is insufficient (p_12, 42000053850008). - The appeal is dismissed with directions to expedite trial; observations do not prejudice pending suit (42000053850013).
ORDER (ORAL)
This Miscellaneous Application has been filed for setting aside the order dated 07.01.2022 passed by learned Sub-Judge, III, Buxar in Title Suit no. 431/2021 whereby and whereunder the learned Sub-Judge has been pleased to dismiss the application under Order XXXIX Rule 1 of the Code of Civil Procedure filed on behalf of the plaintiff-appellant.
2. The plaintiff-appellant has filed the Title Suit for declaring that a sale deed executed by Vinod Kumar, son of late Indra Sen Pahwa (defendant 1st set) in favour of defendant 2nd set is forged, fabricated and inoperative being in excess of the share of the vendor. The plaintiff-appellant has also claimed preferential right to purchase the land pertaining to the said sale deed and it is further prayed that if at all it is found that the sale pertaining to the area of sale deed is genuine in any manner, an order for endorsement of registration of transfer of the subject matter of land of such sale deed in favour of the plaintiff-appellant be made. The appellant has shown his willingness for paying the appropriate/adequate consideration money or whatever amount which may be fixed by the learned court below as consideration money
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