KAMALCHANDJI CHUTHMALJI JAIN Vs. CHHAGANLAL SADHAWSA JAISWAL

JUDGEMENT

(1.) IN this revision, the short question involved is whether the valuation of the plaintiff's share to be determined under section 4 of the Partition Act, 1893, should be fixed on the basis of the market value as prevailing on the date of the suit or on the basis of the market value as prevailing on the date of offer.

(2.) IN the instant case, the plaintiff prabodhchandra brought the suit for partition of a dwelling house on 23 -4 -1960. On 27 -11 -1962 there was a consent decree passed defining the plaintiff's share to be one half and demarcating the said share by a partition by metes and bounds. The plaintiff sold his half share to the present plaintiff Chhaganlal by a registered sale deed, dated 7 -6 -1967, for Rs. 34, 301. The trial Court by its order dated 25 -2 -71, rejected an application made by the plaintiff -transferee Chhaganlal to draw up a final decree. He accordingly preferred Civil Revision No. 469 of 1971 (Smt. Rajkumari Bai and 6 others v. Chouthmal). This Court by its order dated 5 -10 -1974, set aside the order of the trial Court and directed it to draw up a final decree. While allowing the revision, the Court also allowed an application filed by the defendants Nos. 4, 5 and 6, Kamalchand, Kailashchand and Shikharchand, i.e., the other members of the erstwhile joint family, for exercising their option to purchase the plaintiff's share under section 4 of the Partition Act. In compliance with the direction of this Court, the Civil Judge, Class II, Khandwa, by his order dated 16 -1 -1976, has held that the value of the plaintiff's share has to be determined in relation to 28 -8 -1974, i.e., the date when the defendants expressed their desire to purchase the plaintiff's share, observing: -

(3.) SECTION 4 of the Partition Act, 1893 reads: