BALASAHEB ANNASAHEB JASUD Vs. ANIRUDHA VILAS KURBETTI

JUDGEMENT

(1.) In the second appeal by the plaintiff in O.S. No. 230/1994 on the file of Civil Judge (Jr. Dn.), Nippani, the substantial questions of law raised at the time of admission are as follows:-

(2.) In the first substantial question of law, it appears that wrongly it is mentioned that appellant before the court below died. But the party who died was respondent No. 3, Krishnabai and therefore, the said question needs to be suitably modified. Hence, the question is :-

(3.) Given a brief account of the pleadings, the plaintiff instituted the suit for the reliefs of declaration that he had got pre-emptory right to purchase the suit land to the extent of ?rd joint share of the defendants, for cancellation of the sale deed dated 17.10.1984 executed by defendant Nos. 2 and 3 in favour of defendant No. 1 and for permanent injunction to restrain the defendants from causing obstruction to his peaceful possession and his enjoyment of the suit property. The propositus was one Vithal Jasud, who died after 1956. He had two sons and a daughter, namely, Thukaram, Annasaheb and Housabai. Plaintiff is the second son of Annasaheb. Defendant No. 3, Krishnabai is the wife and defendant No. 2, Vishnu is the son of Thukaram.