NANDINI BASU ROY. Vs. NAMITA MANNA

JUDGEMENT

(1.) THIS application is directed against the order dated March 16, 2012 passed by the learned Civil Judge (Senior Division), 2nd Court, Contai in Misc. Case No.13 of 2004 (re-numbered as J.Misc. Case No.8 of 2007) arising out of the Title Suit No.81 of 2003.

(2.) THE plaintiff / petitioner herein is one of the daughters of Late Deb Kumar Shasmal who was the owner of the suit property as described in the schedule of the plaint. Deb Kumar Shasmal transferred some of his properties in favour of his son, proforma opposite party no.2 by several deeds of gift. After death of Deb Kumar, the petitioner inherited 1/4th share in the suit property. THE opposite party no.1 purchased 1/4th share of dwelling house in suit from Shyamali Mukherjee, another married daughter of deceased Deb Kumar. She is a completely stranger purchaser of the portion of undivided dwelling house of the petitioner and the opposite party no.2. THE petitioner and her husband have been residing at the suit premises all along.

(3.) IT may be mentioned here that the application under Section 4 of the Partition Act was filed on March 16, 2004 and the valuer was directed to ascertain the market value of the suit property as on the date of filing of the application under Section 4 of the Partition Act, i.e., on March 16, 2004.