BIMALENDU CHATTERJEE Vs. SARITA CHHYAJLANI

JUDGEMENT

(1.) By this revisional application, applicants under Section 4 of the Partition Act ("Act") have challenged an order dated June 30, 1999 passed by the learned Civil Judge, Senior Division, 4th Court, Alipore in Misc. Case No. 72 of 1994 thereby rejecting an application under Section 4 of the Act filed by the petitioners.

(2.) There is no dispute that a suit for partition being Title Suit No. 23 of 1976 filed by some of the co-sharers of the petitioners was finally decreed on June 17, 1982. The present petitioner No. 1 was defendant No. 7 and the petitioner No. 2 is the son of the original defendant No. 2 of the said suit. The opposite party No. 1. an admitted stranger, by two different sale deeds dated September 11, 1993 and June 5, 1994 purchased Lot No. A allotted to the plaintiff Nos. 3 and 5 having 2/7th share and Lot No. B fallen to the plaintiff Nos. 4 and 6 having equal share respectively. After such purchase, the opposite party No. 1 started an execution case being Title Execution Case No. 13 of 1994 for recovery of possession of her purchased portion by executing the final decree of partition passed in favour of her vendors.

(3.) The present petitioners after getting notice of the said Title Execution case entered appearance and filed an application under Section 4 of the Act for pre-empting the shares purchased by the opposite party No. 1. The said application gave rise to the aforesaid Misc. Case No. 72 of 1994.