ARATI DAS Vs. BHARTI SARKAR

JUDGEMENT

(1.) THIS first appeal is at the instance of a plaintiff in a suit for partition and pre-emption and is directed against order dated 31 st August, 2000 passed by the learned Civil Judge, Senior Division, Eighth Court, Alipore, District - South 24-Parganas, in Title Suit No. 2 of 1988 thereby passing a preliminary decree declaring one-third share of the plaintiff in Item Nos. 1 and 2 of Schedule and also declaring the right, title and interest of the plaintiff to the extent of half share in Item No. 3 of the Schedule 'a'. The prayer for decree for pre-emption, however, was refused.

(2.) BEING dissatisfied, the plaintiff has come up with the present appeal. The case made out by the plaintiff may be summed up thus:

(3.) INITIALLY, the mother and the sister of the plaintiff contested the suit by filing the written statement and denied all the material allegations made in the plaint and it was the specific defence of the original defendant Nos. 1 and 2 that the premises No. 86/3b, Suren Sarkar Road, Calcutta - 700 0 10 could not be the subject-matter of pre-emption and as it was not the dwelling house but a fully tenanted house and that the share of Bibharani and Bharati had been transferred on 16th October, 1987. It was further pointed out that so far the premises No. 121, Hem Chandra Naskar Road was concerned, Bibharani had executed the Deed of Settlement in respect of her one-third share in favour of Bharati, the original defendant No. 2 and that after the death of the mother, the trustee, Bharati would become the absolute owner of two-third share in the said premises.