LAXMAN PRASAD CHIRONJILAL Vs. BABULAL RAMLAL

JUDGEMENT

(1.) THIS second appeal arises from an appellate order setting aside an order of sale passed by the trial Court under section 4 of the Partition Act.

(2.) LAXMAN Prasad brought a suit for partition and separate possession of joint family property against Uttamchand. A preliminary decree was passed declaring the share of LAXMAN Prasad being 1/2 and that of Uttamchand being f. A Commissioner was appointed. He proposed partition by metes and bounds, which was accepted by the trial Court. LAXMAN Prasad's objection that the partition was not fair, was rejected by the trial Court. He took an appeal which was allowed and the case was sent back to the trial Court to consider LAXMAN Prasad's objection. In the meanwhile, Uttamchand sold the entire suit house to Babulal (respondent 1 herein) and put him in possession.

(3.) THE trial Court allowed Laxman Prasad's application. It found that the suit house was a dwelling house within the meaning of section 4 of the Partition Act; that Laxman Prasad was entitled to make the application; and that he was entitled to purchase Babulal's share for Rs. 850, i. e. half of the price that Babulal paid to Uttamchand. Final decree was passed.