JANARDHAN PUNDALIK PATIL Vs. ANUSUYA AND ORS.

JUDGEMENT

(1.) This second appeal is filed by the 1st defendant in O.S. No. 101/2001, assailing judgment and decree passed in R.A. No. 77/2005 dated 7.06.2010, by the Fast Track and Ad hoc District Court, Hukkeri, confirming the judgment and decree passed in O.S. No. 101/2001 dated 19.09.2005 by the Civil Judge (Jr. Dn), Sankeshwar.

(2.) For the sake of convenience, the parties shall be referred to, in terms of their status before the trial court.

(3.) The plaintiffs filed the suit seeking in substance enforcement of their preferential right under Sec. 22 of the Hindu Succession Act, 1956, ("the Act", for short), in respect of the suit schedule property, which is agricultural land in Sy. No. 560 measuring 6 acres 26 guntas of Shippur village, Hukkeri Taluk, Belgaum District. The preferential right has been claimed in respect of 1 acre of the suit land. It is the case of the plaintiffs that the suit schedule property originally belonged to one Antu Mane, the original propositus who died in the year 1970. Thereafter the plaintiffs and defendants 2 and 3 succeeded jointly to the suit property. They had equal right, title and interest in the suit property. The property has not been divided. That on the death of the original propositus, the plaintiffs and defendants 2 and 3 have succeeded to the property as joint tenants, in other words, the suit property having devolved on them, the plaintiffs had the right to purchase 1 acre of the said property which was sold by defendant No. 2 in favour of defendant No. 1 under registered sale deed dated 08.01.2001 for valuable consideration of Rs. 32,000/ -. Basing their right under Sec. 22 of The Hindu Succession Act, 1956 (in short 'the Act') the plaintiffs filed a suit as against the defendants assailing the said sale.