Summary: The Bombay High Court dismissed two appeals related to a family land dispute. The court confirmed the plaintiffs' right to buy the land, emphasizing the joint family property status and their preferential right under the Hindu Succession Act.
The case involves a disagreement over family land among the Rathod and Selukar families in Beed district. The plaintiffs, sons of the late Sham Balkrushna Selukar, claimed they had the right to buy the land before it was sold by other family members without asking them first.
Two appeals were considered—one by the people who bought the land and another by the original plaintiffs. The appeals challenged a previous court decision that favored Sham Balkrushna Selukar's sons' right to buy the land.
The court stressed that the land in question is undivided family property. Both Sham Balkrushna Selukar and his brothers, Haribhau and Sadashiv, were part of this family setup. The court noted:
"The suit lands are ancestral properties in the plaint and especially that of deceased Sham Balkrushna Selukar."
Under Section 22 of the Hindu Succession Act, the court acknowledged the plaintiffs' preferential right to acquire the property. This section gives close family members, like Sham Balkrushna Selukar's sons, the first right to buy any interest in family property.
The court confirmed the plaintiffs' rights and dismissed the appeals, stating:
"Both Courts below have rightly recognized their right as contemplated under Section 22 of the Act."
The ruling required the plaintiffs to deposit the purchase price with interest, securing their claim to the land.
The plaintiffs' claim of fraud in the sale transactions was dismissed due to insufficient evidence. The court found no substantial legal questions to overturn the previous rulings.
The High Court's decision confirmed that the plaintiffs, Sham Balkrushna Selukar's sons, have the right to buy the family land. This decision helps them keep their family property intact.
