TARAK DAS GHOSH Vs. SUNIL KUMAR GHOSH

JUDGEMENT

(1.) This Rule is directed against an order passed in an appeal from the decision of the learned Subordinate Judge, rendered in Misc. Case arising out of an application under Section 22 of the Hindu Succession Act, 1956 (hereinafter referred to as the said Act).

(2.) The application under Section 22 of the said Act was made by the present petitioner on the following allegations : The disputed property originally belonged to Bhujonga Bhushon Ghosh and on his death it devolved upon his son namely, Tarak Das Ghosh, the present petitioner, his widow O. P. No. 4 and his daughters Opposite Parties Nos. 5 to 8. The said heirs of Bhujonga inherited the property in question as Class I heirs of his. Said Opposite Party No. 6 and said Opposite Party No. 4 on her own behalf and on behalf of her minor daughter Opposite Party No. 5 sold some land out of the said property for Rs. 2000/- to Opposite Party No. 3 on March 2, 1973 by Kobala (Ext. A). The said vendors also sold on the same date some land out of the said property to Opposite Party No. 1 for Rs. 2500/- and some land out of the said property to Opposite Party No. 2 for Rs. 2500/- by Kobalas (Exts. A1 and A2) respectively. Said Opposite Parties Nos. 1 to 3 were stranger-purchasers. On these allegations the petitioner seeks to get the lands sold as aforesaid transferred to him in exercise of his preferential right under Section 22 of the said Act.

(3.) Opposite Parties Nos. 1 to 3 in their written objections contended that the application under Section 22 of the said Act was barred by limitation and was bad for non-joinder of the necessary parties and misjoinder of cause of action. It is their further case that before the aforesaid sales on March 2, 1973 the Opposite Parties Nos. 4 to 6 proposed to sell the said land to the petitioner but he expressed his reluctance to purchase the same.