BHUBANESWAR BISWAS Vs. MAHESWAR BISWAS

JUDGEMENT

(1.) This is an application made on behalf of the Defendant Maheswar Biswas in a partition suit praying, inter alia, for orders that (i) the sale by Mr. P.C. Sen, Commissioner of Partition to the Respondent Ashutosh Kumar of 21 Abinash Kaviraj Street, made on May 21, 1966, for Rs. 67,500 be set aside: (There is evidently a mistake: It would be Commissioner of Partition of Premises No. 21 Abinash Kaviraj Street); (ii) the said Commissioner of Partition be directed to return the consideration paid by the said purchaser Ashutosh Kumar; (iii) order directing the said Commissioner of Partition not to execute the conveyance to the Respondent Ashutosh Kumar until disposal of the application and other incidental prayers.

(2.) This application arises in these circumstances: In 1960 the suit was filed by Bhubaneswar Biswas for dissolution of the firm of Central Motor Garage or for declaration that the partnership firm is dissolved and for declaration of shares of the parties in premises No. 21 Abinash Kabiraj Street, partition, Receiver, injunction and other reliefs. On July 12, preliminary decree was made whereby, by consent of the parties, Mr. P.C. Sen, Barrister -at -Law was appointed as Commissioner of Partition. The said property was, sometime between 1961 and 1962, valued by the Surveyor at Rs. 34,363. On August 2, 1963, P.C. Mullick, J. made an order in these terms:

(3.) In order to appreciate the points canvassed before me it is necessary to set out the relevant portion of Sec. 7 of the Partition Act: