LEELA DEVI Vs. BIJAY PRASAD

JUDGEMENT

(1.) The Defendants have filed this First Appeal against the judgment and decree dated 02.11.2007 passed by Sri Ranjan Kumar, Subordinate Judge III, Aurangabad in Pre-emption Suit No. 226 of 2004/115 of 2004.

(2.) The Plaintiffs-Respondents filed the aforesaid pre-emption suit praying for a decree for transferring the suit land by the Defendant No. 2 in their favour and also prayed for restraining the Defendants from transferring or making construction over the suit land.

(3.) The Plaintiffs-Respondents prayed the aforesaid relief on the facts that the Plaintiffs and the Defendant No. 1 had common ancestor Late Dargahi Sao and they constitute a joint Hindu family governed by Mitakshara School of Hindu Law. Dargahi Sao had three sons namely Mungeshwar Sao @ Mungeshwar Prasad, Bhagat Sao @ Bhagat Prasad and Rajaram Sao @ Rajaram Prasad. Mungeshwar Sao died in the year 1974 leaving behind his four sons. Out of them, Dwarika Prasad is Plaintiff No. 2. Bhagwat Prasad died in the year 1999 leaving behind his four sons and out of them, Bijay Prasad is Plaintiff No. 1. The Defendant No. 1 is the third son of Dargahi Sao i.e. Rajaram Sao. The further case is that the Plaintiffs and Defendant No. 1 hold their ancestral dwelling house and Khand in plot No. 503 area 3 decimal and in plot No. 504 area 2 decimal and they are in joint possession. There had been no partition of the house and Khand by the metes and bounds but the parties are in separate possession according to their convenience. The Defendant No. 1, Rajaram Prasad without giving any notice to the Plaintiffs sold 3 ? decimal area of plot No. 503 and 504 to Defendant No. 2, Leela Devi by registered sale deed dated 12.08.2004. Leela Devi is stranger to the family and Defendant No. 1 sold in excess of his share. He has got only 1/3rd share. The Plaintiffs obtained the certified copy of the sale deed and are ready and willing to deposit the amount of consideration mentioned in the sale deed and therefore, the Defendants may be directed to transfer the transferred land in favour of the Plaintiffs.