Babaji Charan Sahu v. Basant Kumar Palei
Case brief
What is this about?
Orissa High Court second appeal S.A. No.246 of 1993 (decided 17.09.2025, A.C. Behera, J.): maintainability of Section 4 Partition Act, 1893 pre-emption/re-purchase claimed by a co-sharer against stranger purchasers of a dwelling-house share; Section 4 relief available only in a partition suit filed by the stranger transferee; alienation by a co-sharer valid to the extent of his share (Section 44, Transfer of Property Act, 1882); first appellate court's cultivable-land/Bari finding reversed; suit plots 2247, 2248, 2250 held undivided dwelling house (Rasta and pond); partition decree restored, re-purchase relief denied; underlying T.S. No.130 of 1983 and T.A. No.71 of 1989.
What did the court decide?
Second appeal decreed in part on contest, without cost: the first appellate court's judgment and decree setting aside the entire Trial Court decree is set aside; the Trial Court's decree concerning re-purchase of plots 2247, 2248 & 2250 under Section 4 of the Partition Act is set aside; the Trial Court's lot-wise partition decree between the plaintiff and defendant Nos.1 to 8 is confirmed; the suit is decreed preliminarily for partition on contest against defendant Nos.10 to 12 and ex parte against other defendants, shares subject to adjustment of sales made from respective shares; parties to effect amicable partition within 3 months, failing which final decree proceedings may follow with a Civil Court Commissioner.