ARUN BHANSALI,J. - (1.) This revision petition under section 115 CPC is directed against the order dated 4/5/2015 passed by the Senior Civil Judge, Bilara, District Jodhpur, whereby, the application filed by the petitioner under Order 7, Rule 11 CPC read with section 151 CPC has been rejected.
(2.) The respondent No. 1 filed a suit for cancellation of sale deed dated 17/4/1991, declaration of ownership and possession against the petitioners and two others with the averments that in agricultural land ad measuring 240 Bigha 9 Biswa situated at village Jhoorli, Tehsil Bilara respondent No. 4 Satya Dev, his father had ? share and after partition, the land ad measuring 63 Bigha 16 Biswa came to his share. The land in question is ancestral joint Hindu family property and plaintiff is co-parcener with defendant No. 4 and has right in the land since birth. The land in question without any reason, necessity and basis was transferred in favour of defendant No. 1 (petitioner No. 1) by registered sale deed dated 16/4/1991 and got registered with the Sub Registrar, Bilara, which transfer was null and void against the interest of plaintiff and he is not bound by the said sale deed. It was claimed that the plaintiff and defendant No. 4 has 1/2 share in the property in question and to the extent the land has been sold beyond his right, he was not bound by the said transfer.
(3.) It was further claimed that under section 22 of the Hindu Succession Act, 1956 ('the Act') he had right of preemption. Submissions were also made that at the time of transfer the plaintiff was minor and was unaware of the transfer.;