PAWAN KUMAR Vs. GURMEET KAUR

JUDGEMENT

(1.) THE present appeal has been filed by the unsuccessful plaintiff wherein the suit for possession of land measuring 0.5 marla by way of partition has been dismissed and the Trial Court has held that the defendant has a preferential right to purchase the share of the plaintiff of the disputed house as per Section 4 of the Partition Act, 1893 (for short THE Partition Act).

(2.) THE suit for possession was preferred by the plaintiff-appellant on the ground that he was owner of 0.5 marla in the house shown in red colour marked as ABCD in the site plan attached bounded on East: House No. 31-L; West Road; South: Kothi No. 37-R; North: Municipal Park, situated in Model Town, Hoshiarpur. It is alleged that Sarla Devi widow of Des Raj was the owner of House No. 37-L, Model Town, Hoshiarpur and the plaintiff had purchased 0.5 marlas out of the said property from Sarla Devi through Sale Deed dated 05.06.1998 for a consideration of ` 1,20,000 and, therefore, he had become owner to that extent out of the suit property. It was pleaded that there was some litigation between one Gurmeet Kaur and others, on one hand and Sarla Devi and others, on the other hand regarding the suit property. Eventually, a compromise was effected between the two and the claim of Gurmeet Kaur was admitted in the suit land except 0.5 marlas sold by Sarla Devi in favour of the plaintiff. In the said litigation, the plaintiff had also filed an application for being impleaded which had been dismissed on 13.03.2004 with the direction that he can file a suit for partition in respect of his share. Accordingly, it was alleged that the present suit has been filed.

(3.) ON the basis of the said pleadings, the following issues were framed by the Trial Court:-