KALIPADA SADHUKHAN Vs. STATE

JUDGEMENT

(1.) This application is directed against the order dated 5th December, 1981 passed by Sri D. Pal, Sub -ordinate Judge, 1st Court, Howrah in T. S. No. 17 of 1946 rejecting the petitioner's application under Sec. 15rc. P. Code. Tulsi Charan Jati filed the above suit for partition of the dwelling house and other lands. The preliminary decree was passed on June 16,1947. Thereafter on or about. 11th April, 1940 Tulsi sold his undivided four annas interest in the suit property to Gostha Behari Sadhukhan, father of the petitioner. On or about June 27, 1959 the opposite party filed an application under Sec. 4 of the Partition Act for pre -emption of the sale which was allowed. Later on the opposite party was directed to deposit Rs. 9,000/ - towards valuation of the property to be preempted.

(2.) A kobala was thereafter executed by the Court In favour of the opposite party. The opposite part v prayed for delivery of possession with the help of police. The petitioner came up with the application under Sec. 151 C. P. Code objecting to the prayer of such delivery of possession. That was however rejected.

(3.) It is contended by Mr. Manindra Nath Ghosh, the learned Advocate for the petitioner that a proceeding under Sec. 4 of the Partition Act being a suit a final decree has to be drawn up and engrossed in non judicial stamp before execution.