BADRI NARAIN PRASAD CHOUDHARY Vs. NIL RATAN SARKAR

JUDGEMENT

(1.) This appeal by special leave, is directed against a judgment, dated March 20, 1967, of the High Court of Judicature at Patna. It arises from these circumstances;

(2.) The defendant-respondent purchased 3/16 share for Rs. 2,250/- in the suit premises by a sale deed, dated March 25, 1957. Before this sale, the respondent was already in occupation of the premises as a tenant paying a monthly rent of Rs. 53/-, inclusive of water-tax to the then proprietor.

(3.) The plaintiffs-appellants, who, at the material time, were members of a joint Hindu family governed by Mitakshara Law, purchased the remaining 13/16 share in the suit premises for Rs. 9,000/- by a sale deed, dated April 27, 1957. They already owned and possessed a parcel of land adjacent to the suit premises and they intended to open a marked there after amalgamating the same with their share in the suit premises. They asked the respondent to partition and separate their share. The respondent did not agree. Therefore, on August 8, 1959, on the preceding facts, the appellants instituted the suit No. 64 of 1959) for partition of the suit property, in the Court of the Subordinate Judge, First Court, Patna.