PUNJAB NATIONAL BANK Vs. SAHUJAIN CHARITABLE SOCIETY

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of a suit for partition. The appellant before us is the plaintiff in the suit.

(3.) The suit property consisted of two buildings and the land on which it stood. The plaintiff held 66.94% of the shares therein. In terms of fraction, this came to 83 out of 124 shares. Defendant No. 1 held 8 out of 124. Defendants 2 to 7 each held 4 out of 124. Defendant No. 8 held 8 out of 124 and defendant No. 9 held 1 out of 124 shares. The total extent was said to be 64333 sq. feet. Out of this, the plaintiff - bank was in possession of an extent of 14930 sq. feet. On 22.6.1977, a preliminary decree for partition was passed. It was declared that the plaintiff was entitled to 83 out of 124 shares and that the same be allotted to the plaintiff. It also directed that other sharers be allotted their respective shares. The preliminary decree became final. It is necessary only to notice that respondent No. 1 before us was not a party to the preliminary decree and no share was allotted to it. But, it appears that subsequently, respondent No. 1 purchased the shares of defendants 1 to 4 and 9 and respondent No. 5 acquired 8 out of 124 shares taking an assignment from defendant No. 8. Thus, both respondents 1 and 5 before us who were impleaded in the final decree proceedings, were assignees from sharers, subsequent to the preliminary decree.