DURGA CHARAN SEAL Vs. RAM CHARAN SEAL

JUDGEMENT

(1.) This is an appeal from an order rejecting a prayer for grant of leave to the Appellants jointly to buy the shares of the Plaintiffs -Respondents in premises No. 5, Nilmoni Dutt Lane, Calcutta, at the valuation made by the Commissioner of Partition appointed in the suit.

(2.) The suit was filed by Ram Charan Seal and Abhoy Charan Seal as Plaintiffs. They are step -brothers. The Defendants are Durga Charan Seal, a brother of Abhoy Charan Seal and Bhabatarini, mother of Abhoy and Durga. The admitted shares of the parties in the said premises are as follow:

(3.) The commissioner of partition valued the property at Rs. 22,651 on June 16, 1964. Before, however, he could put the property up to sale the Defendants took out a chamber summons for the relief mentioned. They claim to have a preferential right to the property on the ground that the mother has all along been residing there and that the family deity is also installed in the said property and is being worshipped by her and that she bears a great sentimental value for the property. Moreover it is said that the first Plaintiff has acquired a property at Kadamtola, Sodepur, in the name of his wife and the second Plaintiff has acquired a property at Kasi Nath Dutt Road, Baranagore, but the Applicants have no alternative accomodation where they can shift to in case the property be sold to a stranger.