GHANTESHWAR GHOSH Vs. MADAN MOHAN GHOSH

JUDGEMENT

(1.) The short question that falls for determination of this Court in this suo motu review petition is whether application under Section 4 of the Partition act can be pressed into service in execution proceedings arising out of a final decree for partition by one of the co-owners of a dwelling house belonging to an undivided family against a stranger-purchaser of the share therein belonging to another erstwhile co-owner of the said dwelling house. This court in a detailed judgment in which one of us was a party (Majmudar, J. ) was pleased to observe on 18-9-1996 to the following effect:

(2.) The balance of rupees two lakhs shall be paid by Respondent 1 to the appellant on or before 31/3/1997.

(3.) Subsequently, however, in the review proceedings an affidavit was filed recording therein that the suggestion to put a sum of Rs four lakhs as recorded in the order cannot be termed to be a consent order since the real valuation of the building is in no way comparable to the astronomical figure stated to have been agreed in court. In order, however, to avoid any further complication and difficulties in the matter, this Court by an order dated 12/7/1999 directed the parties to appear before this Court in person and it is in this context on 24/8/1999 this Court passed the following order: