Gourang M Haldipur 26 November 2017
KISHAN DUTT KALASKAR (Advocate) 26 November 2017
Please be brief in your question.
Gourang M Haldipur 26 November 2017
Respected Sir- I accept your suggestion. But since it is a hotly contested case, I thought it fit to explain the facts of the case in full.
KISHAN DUTT KALASKAR (Advocate) 26 November 2017
Yes, it is a challanging case. Mind boggling for experts.
Yes, the plaintiff lost his interest in the property the moment he sold his undivided share.
Defendent no.14 may be transposed as plaintiff since he stepped into to the shoes of one of the sharer as purchased undivided share.
He may considered a pro forma/nominal plaintiff, since without plaintiff FDP proceeding cannot be proceeded.
You must concentrate on final disposal of FDP proceedings.
You ought have objected for selling undevided share to a strager caliming right of pre-emption. It appears even now you can file suit for pre-emption or an IA seeking to execute your right of pre-emption.
Then FDP PROCEEDINGS MAY TAKE A NEW TURNING.
Gourang M Haldipur 27 November 2017
Dear Sir-Thank you very much for your valuable suggestions. I would have definitely objected for selling the undivided shares to a stranger, if the plaintiff and some of the defendants had applied to the court seeking its permission to sell their undivided shares and I would have definitely objected and exercised my right of preemption. But the sale deeds took place in a secret manner behind my back and also WITHOUT the permission the court.
Sir- As a defendant, can I apply to the court under section 4 of The Partition Act and buy the undivided shares of the stranger purchaser-defendant no:14. Or is it necessary for me to be transposed as a plaintiff and then apply u/s 4 of The Partition Act to but out the stranger purchaser-defendant no:14. Request you to kindly clarify on this point. If this is not possible, I will have to file a suit for preemption;