SURENDER KUMAR GUPTA Vs. MAHENDER KUMAR GUPTA

JUDGEMENT

(1.) THIS is a review petition seeking review of the order dated 26.10.2010 whereby the petitioner's challenge to the order dated 21.8.2010 had been dismissed. Vide order dated 21.8.2010 the plaintiff had sought the grant of pre-emptive right to buy the share of the defendant; application filed by him under Section 3(1) of the Partition Act 1893 had been dismissed.

(2.) RECORD shows that the plaintiff had filed the present suit seeking partition of the suit property i.e. property bearing no.11, Birbal Road, Jangpura Extension, New Delhi; suit was filed in 1982. Plaintiff and the defendant are real brothers and sons of Bhagwan Dass Vaish. The house was owned by all three of them of them in equal shares. After the death of the parents, the plaintiff and the defendant became joint owners of the property in equal shares. Plaintiff has filed the present suit for partition. The contention of the defendant was that the partition of the suit property had already been effected in terms of the family partition deed. A preliminary decree for partition had been passed on 22.12.2003. To facilitate the passing of the final decree a local commissioner had been appointed to suggest the mode of partition. The report of the local commissioner is dated 01.3.2004. The local commissioner had opined that the suit property cannot be divided by metes and bounds; objections to this report had been filed by the plaintiff to which a reply had been filed; on 17.5.2005, the court had passed an order that in view of the report of the local commissioner, since the property cannot be divided by metes and bounds, the property be put to sale by public auction; final decree was also directed to be prepared.

(3.) ON 18.9.2007 the concerned court had heard arguments on the objections filed against the report of the local commissioner; he had ordered the appointment of a new local commissioner to which objections had been filed by the plaintiff on 22.9.2007. Simultaneously an application under Section 3 of the Partition Act for grant of a pre-emptive right to buy the share of the defendant has also been filed.