KALIPADA SADHUKHAN Vs. STATE

JUDGEMENT

(1.) This application is directed against the order dated 5th December, 1981 passed by Sri D. Pal, Subordinate Judge, 1st Court, Howrah in T. S. No. 17 of 1946 rejecting the petitioner's application under Section 151, C. P. Code.

(2.) 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 nth 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 Section 4 of the Partition Act for pre-emption of the sale which was allowed. Later on the opposite party was directed to deposit Rupees 9,000 towards valuation of the property to be pre-empted.

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