PAAN SINGH TOMAR Vs. BHAGIRATH SHARMA

JUDGEMENT

(1.) This civil revision under Sec. 115 of CPC has been filed against the order dtd. 15/11/2010 passed by Civil Judge, Class II, Gohad, District Bhind in MJC No.10/2008, by which an application filed by respondent No.1 under Sec. 22(2) of the Hindu Succession Act has been allowed, and sale- deed dtd. 22/11/2003 has been set aside, and non-applicants No. 2 to 6 have been directed to execute a sale-deed in favour of respondent No.1 for a consideration amount of Rs.10,000.00.

(2.) Challenging the order passed by the Court below, it is submitted by counsel for applicant that respondent No.1 and respondents No.2 to 6 are related to each other and undisputedly, respondent No.1 has a preferential right to purchase the property in dispute. Earlier, by registered sale-deed dtd. 19/02/1988, Hakim Singh, who had 1/4th share after the death of his father Harvilas had sold the property in dispute to one Bashir Ahmed. Accordingly, respondent No.1 had filed a suit for declaration of title, enforcement of preferential right, and for correction of the revenue records against respondents No.2 to 6 as well as Bashir Ahmed. The said suit was decreed by judgment and decree dtd. 18/09/1993 passed by Civil Judge, Class-II, Gohad, District Bhind, and it was held that respondent No.1 has a preferential right to purchase the share of Hakim Singh and sale-deed dtd. 19/02/1988 executed in favour of Bashir Ahmed was set aside. It is submitted that thereafter respondent No.1 did not take any step to get the sale-deed executed and ultimately, Hakim Singh sold the property in dispute to applicant by registered sale-deed dtd. 22/08/2003 for a consideration amount of Rs.83,700.00. It is submitted that thereafter, respondent No.1 filed an application under Sec. 22(2) of the Hindu Succession Act for enforcement of his preferential right, and by the impugned order the Trial Court has declared the sale-deed executed in favour of applicant as null and void and has directed that respondents No.2 to 6 shall execute a sale-deed in favour of respondent No.1 on payment of a consideration amount of Rs.10,000.00.

(3.) Challenging the order passed by the Court below, it is submitted by counsel for applicant that initially in the year 1993, the suit filed by respondent No.1 was allowed and his preferential right to purchase the property in dispute was adjudicated in his favour. However, for the next ten years, he did not take any step. Furthermore, as required under Sec. 22 of the Hindu Succession Act, it was also obligatory on the part of the Trial Court to determine the cost of the property, which has not been done by the Trial Court.