MANIK LAL DUTT Vs. PULIN BEHARI PAL

JUDGEMENT

(1.) THIS appeal is on behalf of the defendants and arises out of a suit for partition of a tank.

(2.) THE plaintiffs' case is that there were other lands near about the tank belonging to the parties, there had been a previous partition of those other lands, but the tank was left Ejmali. The plaintiffs claim two -third share and defendant 1 one -third share in the disputed tank.

(3.) THE learned Munsif held in favour of the plaintiffs and came to the conclusion that it was not possible to possess the tank in two separate portions. The only way of partitioning the tank was by selling it under the provisions of the Partition Act. The Court further directed that if the parties failed to settle the price of the tank amicably among themselves, a Commissioner would be appointed on the plaintiffs' petition for holding a bid amongst the parties after a valuation was fixed by the Court. The tank would then be sold amongst the parties to the suit and the sale proceeds would be divided amongst them according to their respective shares.