A. MOHAN Vs. BABITA RAM

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 2/2/2016 (Annexure-7) passed by learned 1st Additional Civil Judge (Senior Division), Cuttack in Title Suit No.458 of 1991 (Final Decree) is under challenge in this CMP, whereby an application filed by the Plaintiff-Petitioner under Sec. 4 of the Partition Act, 1893 to exercise the right of preemption, has been rejected.

(3.) As submitted by Mr. Mohanty, learned counsel for the Petitioner, TS No.458 of 1991 was filed by one Laxmi Dei for partition of the suit property claiming eight annas share therein. She also prayed for a decree to direct the Defendant Nos.2 and 3 (Opposite Party Nos. 3 and 4) to re-transfer the eight annas share of Defendant No.1 purchased by them under Sec. 4 of the Partition Act. She also prayed for certain other reliefs, consequential as well as alternative. The suit was preliminarily decreed vide judgment dtd. 2/12/1995 declaring that the Plaintiff and Defendant No.1 have eight annas share each in the suit property. It was also directed that the Plaintiff may exercise her right under Sec. 4 of the Partition Act to repurchase the suit property from Defendant Nos.2 and 3. Further, Defendant Nos.2 and 3 were also directed to execute a sale deed in favour of the Plaintiff within three months therefrom on receipt of Rs.18,000.00 from her and to give delivery of possession of the suit property. Assailing the same, the Defendant Nos.2 and 3 filed Title Appeal No.18 of 1996, which was disposed of vide judgment dtd. 28/2/2003 (Annexure-2) confirming the decree with regard to entitlement of eight annas share of each of the Plaintiff and Defendant No.1 over the suit property. But the finding with regard to exercise of power under Sec. 4 of the Partition Act over the suit house by the Plaintiff was set aside, holding it to be pre-mature.