MIHIR KUMAR DAS Vs. AJANTA DUTTA

JUDGEMENT

(1.) The instant appeal is against an order dated 16.05.2007 passed by the Learned Civil Judge (Senior Division), 9th Court, Alipore, 24 Parganas (South) in Misc Case No.9 of 1999 arising out of Title Suit No.33 of 1997.

(2.) The factual background leading to this appeal stated in brief is as follows:-

(3.) During pendency of the suit the respondents 1, 2 & 3 filed an application under Section 4 of the Partition Act for enforcing their claim for pre-emption against the appellant stranger transferee in respect of 1/2 undivided interest of the original title-holder Pradip Dutta, predecessor-in-interest of the defendants 1 & 2 Smt. Gayatri Dutta and Sumit Dutta. The said application was contested by the appellant by submitting that it was not maintainable. The Learned Trial Judge after taking evidence and hearing the parties allowed the application under Section 4 of the Partition Act holding that the suit house is an undivided family dwelling house, that the 1/2 share of it was transferred by one of the co-owners in favour of the appellant who is a stranger to the family and that the respondents 1,2 & 3 being the co-sharer members of the family are competent to claim pre-emption and so they are entitled to pre-empt the share of the appellant stranger purchaser and passed order accordingly. Being dissatisfied, the appellant has come up with the present appeal.