SHARDA PRASAD GUPTA Vs. PADMAKAR GUPTE (DEAD)

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 16.12.1999 passed by Seventh Additional District Judge, Bilaspur, District- Bilaspur (M.P.) (Now C.G.) in Civil Suit No. 10-A/1998, wherein the said court decreed the suit filed by the original respondent No. 1 namely Padmakar Gupte/ plaintiff for declaring his right of preemption and declaring void the sale-deed dated 26.07.1993 executed by original respondent No. 3- Indira Gupte in favour of appellant No. 1 & 2.

(2.) The suit property is 28.80 acres of land situated at Village- Bhojpuri, Patwari Halka No. 8, Revenue Circle/ Block- Bilha, District- Bilaspur (M.P.) (Now C.G.) which is a part of decree of the trial court. The suit property was owned by Martanda Rao who is father of original respondent No. 1 and husband of original appellant No. 3- Indira Bai Gupte. Martanda Rao died on 16.08.1966 leaving behind original respondent No. 1, four daughters and his wife Indira Gupte. All the successors have undivided interest of 1/6th share in the said property. The interest of Indira Bai Gupte was upto 1/6th share and it is pleaded by respondent No. 1 that he had preferential right to acquire the interest which was sold by Indira Bai Gupte without giving notice to him in violation of Section 22 of the Hindu Succession Act, 1956 (for short "the Act, 1956") that is why the suit was filed which was decreed by the trial court as mentioned above.

(3.) The ground raised in the appeal and argument advanced on behalf of the appellants may be mentioned as under:-