NANDKUMAR Vs. GIRISH

JUDGEMENT

(1.) The appeal is filed against judgment and decree of Regular Civil Suit No. 890/2000 (Old Special Civil Suit No. 67/1995), which was pending in the Court of Civil Judge, Junior Division, Ahmednagar and also against the judgment and decree of Regular Civil Appeal No. 9/2005, which was pending in the Court of District Judge-1, Ahmednagar. The previous number of the suit was Special Civil Suit No. 67/1995. Present proceeding is filed by original defendant No. 1 and the first appeal was also filed by the present appellant. There are concurrent findings in favour of respondent - Girish Madan.

(2.) In short, the facts leading to the institution of this appeal can be stated as follows :- The suit was filed by respondent - Girish Madan for relief of partition and separate possession of his share from property bearing C.T.S. No. 3349, having area of 181.4 Sq. Mtrs. situated in Ahmednagar city. The property is given Municipal House No. 2542 for assessment purpose by the Local Body. It is the case of plaintiff that he has 3/7th share in this property as he has purchased such share from the owners of the property and so, the relief of partition was claimed. In the suit, present appellant, original defendant No. 1 filed counter claim and contended that he has right of pre-emption as provided under Partition Act, 1893 and Hindu Succession Act, 1956 and he is entitled to purchase the share which is purchased by plaintiff from the members of joint family. The suit is decreed and counter claim is dismissed.

(3.) The aforesaid property was owned by father of defendant Nos. 1 and 2 by name Shankar. Shankar was succeeded by six sons, widow and daughters. It was ancestral property of Shankar and he died on 9.12.1970.