HAREN SARMA Vs. RENU BORTHAKUR

JUDGEMENT

(1.) Aggrieved by the decree of reversal passed in Title Appeal No. 12/1992, dated 23-8-1995, by the learned Assistant District Judge, Jorhat, reversing the decree passed in Title Suit No. 25/1992, decreeing the suit, the aggrieved defendant/ appellant has filed this second appeal.

(2.) I have heard Mr. D. C. Mahanta, the learned senior counsel, assisted by Ms. P. Battacharjee lor the defendant/appellant and Mr. Rajiv Baruah, the learned counsel for the plaintiff/respondents.

(3.) The plaintiff filed the aforesaid Title Suit No. 25/82 praying for a decree claiming preferential right to purchase a plot of land measuring 3 Bighas, 3 Kathas. 3 Lechas covered by Periodic Patta No. 22, Bhagatdheuni Gaon, Charaibari Mouza in the district of Jorhat. The plaintiff based his claim on the pleaded facts that the suit land originally belonged to their father late Korgeswar Borthakur who died intestate leaving both the plaintiff and the defendant No. 1 and pro forma defendant Nos. 3, 4 and 5 as his heirs to inherit the properties left by him. That on the death of their father, the landed property including the suit land, devolved in equal shares upon the heirs and legal representative and accordingly they are enjoying their respective shares of properties separately on amicable settlement/division, but the patta still remains as a joint one. It is further alleged that defendant No. 1 sold the suit property to defendant No. 2 ignoring the preferential claim of right to purchase by the plaintiff, in spite of such offer made by him. Accordingly, after selling of the suit land to defendant No. 2, the suit was filed for declaration of preferential right of purchase in favour of the plaintiff and allow him to pay the price of the suit land and thereafter to declare right, title and interest over the suit property in his favour. However, although the suit land was purchased by the defendant No. 2, no prayer for cancellation of the sale deed for alleged violation of the right of the plaintiff under Section 22 of the Hindu Succession Act, has been made in the suit.