GHANSHYAM Vs. SANGHMITRA DATTA

JUDGEMENT

(1.) Instant first appeal has been preferred by the defendant No. 2 against the judgment and decree dated 31-1-2000 passed by the IInd Additional District Judge, Bilaspur in Civil Suit No. 15-A/97 whereby and whereunder the plaintiff's suit was decreed.

(2.) House shown in sale deed dated 30-1-86 (Exh. D-2) was owned by Dr. S.N. Datta. After his death on 28-3-1989, it devolved on his widow Smt. Asha Datta, Daughter Ku. Sanghmitra Datta and son Pinakpani Datta. Smt. Asha Datta expired on 7-1-1992. After her death, plaintiff and defendant No. 1 became owner of the above house.

(3.) Vide public notice by publication in Nav Bharat newspaper dated 6-8-1992. the plaintiff claimed her absolute ownership in the suit house. Settlement deed dated 2-12-1996 was executed between the parties wherein it has been shown that total land area 2400 sq. ft. has been partitioned between them for its separate management. Defendant No. 1 sold 1200 sq. ft. of land to defendant No. 2 vide sale deed dated 27-2-97 (Exh. D-1-c). Plaintiff published notice in Nav Bharat alleged defendant No. 1 that he is selling the suit house without there being any partition or demarcation, and its purchaser will not get any right or interest on it. On 12-3-1997 (Exh. P-2) a notice was sent by plaintiff to defendant No. 1 claiming right of pre-emption in the suit property. The said notice was returned unserved (Exh.P-3).