PASHUPATI DHOLEY Vs. SUBODH CHANDRAGHOSH

JUDGEMENT

(1.) THIS second appeal by the plaintiffs is against the judgment and decree passed by the Learned Additional District Judge, 3rd Court, Howrah in T. A. No. 340 of 1970 affirming the judgment and decree passed by the Learned Munsif, 2nd court, Howrah in T. S. No. 255 of 1968.

(2.) PLAINTIFFS filed the suit for partition of the disputed property in respect of their alleged l[3rd share in the same along with prayer for buying up the l|3rd share of the defendant no. 1 u|s 4 of the Partition Act. The case of the plaintiffs was that the suit property in plot no. 627 under khatian No. 323 of mouza majukshetra belonged to Nagendra Nath dholey and Pramatha Nath Dholey in 2/3rd and l/3rd share respectively. The proforma defendant No. 4, the uncle of the plaintiffs purchased the 2|3rd share of Nagendra from his widow Sitalabala while he was in joint family with the father of the plaintiffs. The proforma defendant No. 4 sold l|3rd share out of his 2|3rd share in the suit property to the plaintiffs who were co-sharers in the land of the khatian in suit. The suit property was the part of the ancestral bastu and the dwelling house of the plaintiffs and the proforma defendant no.

(4.) THE proforma defendant no. 4 expressed also that he would sell the remaining l|3rd share to the plaintiffs in future but he sold the remaining l|3rd share to the defendant no. 1 who was the stranger purchaser. Accordingly the suit was filed for the reliefs as sought; for when the demand for partition was not complied with.