GANESHAPPA Vs. KRISHNAMMA

JUDGEMENT

(1.) THE appellants are the L. Rs of the deceased plaintiff, filed a suit for declaration that the sale deeds executed by the first defendant in favour of the defendants 2 to 4 is void and in contravention Section 22 of the hindu Succession Act, 1956. Further, pray for determination of the value of the suit properties and thereafter to direct the defendants to execute the sale deed in respect of the suit property by receiving the sale value determined by the Court.

(2.) ONE Vsnkataramanappa is the propositus, died several years prior to 1962. One Ganeshappa and the plaintiff and one Chinnappa (husband of the first defendant) are the only heirs of Venkataramanappa. The husband of the first defendant-Chinnappa died in the year 1966. The first defendant filed a suit in O. S. No. 317 of 1966 against the plaintiff herein seeking partition of the share of her husband. The suit was decreed. The first defendant sold the properties allotted to her share to the defendants 2 to 4.

(3.) THE plaintiff herein made an application under Section 22 of the hindu Succession Act claiming right of pre-emption to purchase the properties allotted to the share of the first defendant. The Trial Court in the final decree proceedings declared that the plaintiff has right of pre-emption under Section 22 of the Act. In C. R. P. No. 4957 of 1992 this court set aside the order of the Trial Court and directed that the right of pre-emption of the plaintiff if any is subject to the result of the present suit in question. It is clear from the order of this Court in C. R. P. No. 4957 of 1992 that the issue of right of pre-emption claimed by the plaintiff is kept open for adjudication in the present suit.