INDIRANI Vs. SARASWATHY AND ORS.

JUDGEMENT

(1.) CRP NPD No. 354 of 2013

(2.) THIS revision is directed against the order dated 09.11.2012 passed in I.A. No. 147 of 2011 in I.A. No. 746 of 2007 in O.S. No. 123 of 2005 by the I Additional Sub -Court, Coimbatore. The petitioner had instituted the suit O.S. No. 123 of 2005 on the file of the First Additional Sub Judge, Coimbatore against the respondents 1 to 6 for partition claiming 1/6th share by metes and bounds. After contest, the trial court passed a preliminary decree. Thereupon, the defendants 1 to 5 filed I.A. No. 746 of 2007 for passing final decree. When the application was pending, the petitioner filed I.A. No. 147 of 2011 under Sections 2, 3, 4 and 5 of Partition Act and 151 of CPC seeking for permission to purchase the sharers of the respondents 1 to 5 for the value of Rs. 4,25,000/ - or any value which the court may deem it fit and proper for the petition property and for direction to the respondents 1 to 5 to sell their 5/6th shares in the property of the petitioner.

(3.) THE petitioner has further stated that the property is a residential house alongwith two shops which is incapable of division amongst themselves. By the sale agreement, the respondents have shown their intention to sell their undivided share to the third party who belongs to a different community. As a co -owner, she has got a right of pre -emption to purchase the undivided share of the respondents. Since the property belonged to her paternal grandfather and she is the only sharer living in the suit property, she has got a very great sentimental attachment towards the suit property, that she is very particular that the property should be retained within their family and should not go out of the family.