GOURHARI DAS Vs. JAHARLAL SEAL

JUDGEMENT

(1.) This appeal is directed against a final decree in a suit for partition. Some of the defendants have come up to this Court. In view of the Order which we are passing it is not necessary for us to deal with all the questions which have been raised in this Court.

(2.) The shares of the parties have been determined by the preliminary decree. There are four items of property: (1) 13, Nazir Lane, (2) 8, Rangalal Street, (3) 33-1 and 33-2 Nazir Lane, and (4) 4, Gopal Doctor Road, all being in Kidderpur, Calcutta. A Commissioner for partition was appointed under R. 13 of Order 26 of the Code of Civil Procedure. Questions were raised by the parties both as regards valuation and as regards allotment. Various sittings were arranged by the Commissioner. Experts were examined on behalf- of the two contending parties. The Commissioner fixed a lump sum value for 4, Gopal Doctor Road and gave detailed valuation about the other items of property.

(3.) In the final report, as submitted by the Commissioner, it is stated that both the parties examined experts, and