GEORGE Vs. RAJU; RUBY AND ORS

JUDGEMENT

(1.) The final decree in a suit for partition is under challenge in this second appeal. The third plaintiff in the suit is the appellant.

(2.) The property sought to be partitioned in the suit was a property measuring 13 cents. There were six sharers. Five among the sharers filed the suit for partition of their 5/6 share in the suit property. A preliminary decree was passed in the suit on 20.10.2004 declaring the 5/6 share of the plaintiffs over the suit property. Thereafter, the plaintiffs filed I.A.No.892 of 2005 for passing of a final decree in respect of their shares.

(3.) A few months after the final decree, the third plaintiff preferred an appeal against the same, contending among others, that the bid by first plaintiff in the auction was for and on behalf of the other plaintiffs also and therefore, the trial court ought not have confirmed the sale in favour of the first plaintiff. Alternatively, it was also contended that the suit property would fetch more than Rs.50,00,000/- and therefore, the auction of the property for Rs.24,90,000/- has resulted in gross injustice to the parties. The appellate court rejected the contentions raised by the third plaintiff and confirmed the final decree passed by the trial court. The third plaintiff, who is aggrieved by the concurrent decisions against him has thus come up in this second appeal.