ASKHOY KUMAR PYNE Vs. SUKHENDU BIKAS ADDY

JUDGEMENT

(1.) This appeal has been preferred by the defendant No.2 appellant and is directed against the order dated 23rd July, 2001 passed by the Learned Judge in G.A.No. 3028 of 1999 in connection with Extra Ordinary Suit No.32 of 1987. The appellant filed an application being G.A.No.1746 of 1999 in the said suit claiming himself as legal heir of Anjali Pyne since deceased and prayed for order of the Court to sell premises Nos. 56 and 58, Chetla Road, Calcutta-700 027 in his favour under Sec. 3 of the Partition Act and the Learned Court by the impugned order rejected his prayer and allowed the prayer of Amal Roy who purchased the said properties as highest bidder in public auction.

(2.) The appellant in his application contended interalia as follows. He is the husband of late Anjali Pyne (Nee Addy). His wife Anjali Pyne had undivided share in premises Nos. 56 and 58, Chetla Road, commonly known as Chetla Hat. The suit is for possession and administration of joint properties belonging to the Addy family and as such Anjali Pyne was a co-owner and was impleaded as defendant in the suit. After death of Anjali Pyne on 6th Dec., 1994 he and his two daughters were substituted in place of Anjali Pyne.

(3.) After he was impleaded as a party and during discussion with one of his daughter i.e., defendant No. 3 he learnt that the suit premises is going to be sold to one Amal Roy for a total consideration of Rs. 7.25 lacs. He also learnt that Hiralal Dutta, husband of defendant No. 3 made an attempt to purchase the said premises but failed and sale has been confirmed in favour of Amal Roy.