NITISH CHANDRA Vs. PROMODE KUMAR

JUDGEMENT

(1.) This is an appeal by plaintiffs 1 and 2 in a suit for partition, and it is directed against an order, dated 8th July 1950, made by Sri P.N. Lahiri, Subordinate Judge, First Court, 24 Parganas, refusing the application of plaintiffs 1 and 2 under Section 3, Partition Act (Act no. 4 of 1893).

(2.) The subject-matter of dispute is premises no. 25A, Harish Mukherjee Road, which is the dwelling house of the parties. A preliminary decree was passed on. 25th January 1949, holding that plaintiffs l, 2 and 3, and defendants l, 2 and 6 had one-seventh share each in the dwelling house, and defendants 3, 4 and 5 jointly had , one-seventh share.

(3.) After the passing of the preliminary decree, the Court appointed a Commissioner for the purpose of ascertaining whether the dwelling house could be partitioned amongst the seven co-sharers. The Commissioner submitted a report stating that it was not possible to divide the dwelling house by metes and bounds into seven allotments. Some of the co-sharers' agreed to take a joint allotment before the Commissioner but two of them subsequently resiled from that position.