ARUN RAISURANA Vs. JAMSHEDPUR PROPERTY DEVELOPERS PRIVATE LIMITED

JUDGEMENT

(1.) Instant petition under Article 227 of the Constitution of India has been filed by the petitioner for quashing the order dtd. 5/10/2020 passed by Civil Judge (Senior Division) Jamshedpur in Original Title (P) Suit No. 7 of 2015 (Annexure - 4) whereby and whereunder, the learned Civil Judge has rejected the application of petitioner filed under Sec. 4 of the Partition Act, 1893 read with Sec. 44 of the Transfer of Property Act, 1882 on the ground that the said application was premature as no preliminary decree was passed till then in the said partition suit.

(2.) Heard learned counsel for both the parties.

(3.) Learned counsel for the petitioner has submitted that petitioner has its strong feeling and emotions attached to the suit property which is a dwelling house and a joint Hindu family ancestral property. The grandfather of the petitioner Mr. S. C. Raisurana along with Mr. K. C. Raisurana, who was the brother of petitioner's grandfather, had taken lease of the suit property in the year 1932 from respondent no. 4 Tata Steel Limited. The petitioner was born in the year 1953 in the said dwelling house and has grown up and living with his family in the suit property and has many sweet memories with the suit property. It is further submitted that opposite party no. 1/plaintiff has allegedly acquired the shares of the various members of the joint family in the suit property and has filed a suit for partition of the suit property, which is registered as Original Title (P) Suit No. 7 of 2015 which is pending before the court of Civil Judge (Senior Division - I) Jamshedpur. The opposite party no. 1/plaintiff has no emotional attachment with the property under suit rather he is completely stranger to the joint family of the petitioner. It is further submitted that the petitioner, exercising his pre-emptory right to purchase the share of the opposite party no. 1 in the suit property, filed an application under Sec. 4 of the Partition Act, 1893. Learned counsel for the petitioner has placed reliance upon the judgment of Shub Karn Bubna @ Shub Karan Prasad Bubna vs. Sita Saran Bubna and Others reported in (2009) 9 SCC 689 and Ghantewar Ghosh vs. Madan Mohan Ghosh & Others (1996) 11 SCC 446.