J RAMULAMMA Vs. J DANAN REDDY

JUDGEMENT

(1.) Respondents herein filed O.S. No.83 of 2004, in the Court of Senior Civil Judge, Bhongir, for the relief of declaration to the effect that they have right of pre-emption, vis-a-vis the petitioners herein, in the matter of transfer of the suit schedule properties for fixation of the market value, thereof, and to declare the sale deed dated 15-7-2004, as null and void and not binding on them.

(2.) The respondents pleaded that themselves and the petitioners have common origin and that Section 22 of the Hindu Succession Act (for short "the Act") applies for any alienation, proposed to be undertaken by them.

(3.) The petitioners filed written statement, denying the allegations of the respondents. They pleaded that themselves and the respondents are not class-I heirs of the same ancestor. It was asserted that the suit schedule property has since been sold. On the basis of the pleadings of the parties, the trial Court framed the issues, including the one, as to whether the respondents herein are entitled to enforce the right of pre-emption in respect of the suit schedule property (issue No.l).