H.VASUDEVA PAI (DEAD) BY LRS vs KAMARUNNISA — C.A. No. 897/2001

Case Summary: H. Vasudeva Pai v. Kamarunnisa (C.A. No. 897/2001) Outcome: The Supreme Court allowed the appellant's appeal on February 14, 2006, setting aside the High Court and District Court judgments and affirming the Civil Court's decision. The appellant was entitled to exercise preemptive rights under Section 4 of the Partition Act to purchase the respondent's 2/3rd share in the disputed dwelling house property. No order as to costs was made. Key Finding: Although two Pai brothers resided separately, there was no evidence of partition or separation regarding the suit property itself, meaning it remained undivided family property, triggering Section 4 protections against non-family members acquiring shares in dwelling houses. This case analysis is maintained by casestatus.in based on publicly available court records.