GOUR HARI MAITY Vs. SHEW SHANKAR SHAW

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) WE have perused the order of the trial court as well as of the High Court. A suit for partition was filed by Gour Hari Maity & Ors. with the following prayers :

(3.) THOUGH we do not appreciate the approach of the trial court in transposing the defendant as plaintiff in a suit for partition filed by Gour Hari Maity & others (the appellants herein) and deciding the rights of the parties but the trial court did it for the benefit of the plaintiff and others and as the suit has already been decreed in favour of Gour Hari Maity & others ( the appellants before us) and their 3/4th share has already been determined and direction was given to settle amicably and if not to apply before court for appointment of pleader Commissioner who will make proper division by metes and bounds. The High Court has, of course, reversed the finding of the trial court to the extent of pre-emption and directed that the respondents herein have a right of pre-emption and directed the trial court to determine the valuation in case the respondents herein are interested in buying on the amount determined by the court and in the manner to be directed by the court. So far as this part of the impugned order is concerned, we need not interfere because it will be open for the court to determine the valuation of 3/4th share of the property in question i.e. 14/1A and in case the respondents are willing to pay that amount determined by the court then the decree may be passed in favour of the respondents. It will be open for the court to determine the fair market value of the property in question. With these observations, the appeal is disposed of. There will be no order as to costs.