GADADHAR GHOSH Vs. JANAKI NATH GHOSH

JUDGEMENT

(1.) THIS appeal is from an order of Datta, J. dated 27 February 1967.

(2.) THE order was passed on the notice of Motion dated 16 August 1966, taken out by the appellant for an order that the preliminary decree passed in the suit and dated 15 June 1966, may be varied or modified by incorporating suitable directions for the sale of premises no. 24, Guruprosad Chowdhury Lane, calcutta, by the Commissioner of partition appointed in the suit by public auction after fixing a reserve price and without limiting the sale amongst the partie only.

(3.) THE suit was filed on 2 September 1963 for a declaration of the shares of the respective parties in premises No. 24, Guruprosad Chowdhury Lane, for partition of the premises amongst the parties according to their respective shares, alternatively for sale of the premises and for other incidental reliefs. The appellant had roughly an undivided l/3rd share in the premises. Each of the defendents Nos. 2 and 3 had an undivided 7/288 share in the premises. The suit came up for hearing before datta, J. on 15 June 1966, when a preliminary decree was passed declaring the shares of the parties in the premises and directing the premises to be sold by auction. The sale was, however, directed to be confined amongst the parties only with liberty to them to bid at such sale. The appellant contended in the trial Court that the decree was not drawn up or completed and that the appellant had, in the meantime, received an offer from an outsider for purchasing the same at Rs. 60,000/ -. The appellant also contended that none of the parties was affluent enough to buy his co-sharer's share in the premises at its proper price. On these allegations the appellant asked for a preliminary decree to be varied or modified by incorporating suitable directions for sale by public auction.