MEENA DEVI PANCH Vs. BINA SHUKLA

JUDGEMENT

(1.) The petitioner in the present writ petition has sought for exercising jurisdiction under Article 227 of the Constitution of India by setting aside the order dated 27.2.2012 passed in Title Appeal No. 4/80 of 1995/92. By the said impugned order, the learned Second. Additional District Judge Puri rejected the prayer of the petitioner for determination of the value of the disputed property at the present market rate for the purpose of its repurchase by the opp. party No. 1.

(2.) The facts reveal that in 1981 a dispute arose relating to sabik Plot No. 374 under sabik khata No. 15 constituting an area of Ac. 0.070 decimals, out of a total area of Ac. 0.280 decimals, situated in mouza Daitapada Sahi, Town/District-Puri.

(3.) To trace out the bone of defence, which has led to the present writ petition, it would be appropriate to delineate the facts in detail which show that the above property originally belonged to one Jagannath Prasad Sharma, who expired leaving his widow - Golaprani and two daughters, Bina Sukla and Bimala. After' death of Jagannath, there was a completed partition in the family and the disputed property fell to the share of the widow-Golaprani and Bina, each having 50% share in the same. Again after death of the widow-Golaprani, her 50% share in the disputed property was succeeded by her two daughters Bina and Bimala. Thus, out of the disputed property, Bina became the owner over 75% and Bimala became the owner over 25%. The disputed property consists of a two storied building adjoining the Grand Road at Puri. On the ground floor of the building facing main road, there are shop rooms which have been let out to monthly tenants. One such shop room was taken on monthly rent by late father-in-law of the present petitioner several years back, when Jagannath was alive. After the death of Jagannath and the father-in-law of the petitioner, the husband of the petitioner continued as the tenant under Golaprani and Bina. After death of Golaprani, there was a further partition of the property between-the two sisters.