VISHWANATH PATWARI Vs. RAMESH KUMAR PODDAR

JUDGEMENT

(1.) The plaintiffs and the defendants have purchased the property by a registered deed of conveyance dated 31st March, 1982 from one Vinod Kumar Sadani. By virtue of the said purchase, the plaintiffs became the owners of 20 per cent share in the property in question. It is undisputed that the plaintiffs acquired 20 per cent ownership right in the first schedule property and remaining 80 per cent was acquired by the defendants. In April 1982, the first schedule property was partitioned mutually by private arrangements and on such partition the plaintiffs were allotted second schedule property of the plaint. The defendant no.3 is a partnership firm wherein the defendant nos.1 and 2 along with their other relatives are partners.

(2.) This matter was earlier adjourned in order to enable the defendants to buy the shares of the appellants in the property in question. Learned counsel for the defendants/respondents on instruction has submitted that the defendants/respondents are not in a position to buy the share of the plaintiffs in the property at the valuation fixed by the valuer.

(3.) Hence, the appeal is taken up for consideration.