KRUSHNA KAR Vs. KANHU CHARAN KAR

JUDGEMENT

(1.) THE defendants 1, 2 and 3 are the appellants from a confirming decision of the 1st Additional Subordinate Judge, Cuttack. where by he affirmed a decision of the learned Munsif, Kendrapara and decreed the plaintiffs' suit for partition with a prayer under S.4 of the Partition Act for buying up the portion of the dwelling house sold by defendant No.1 to two stranger purchasers defendant Nos.2 and 3.

(2.) A genealogical table, - showing the relationship of the parties, other than the purchaser defendants 2 and 3, who are outsiders, - is set out as follows: The defendants 2 and 3 are purchasers from the defendant No.1 and they are strangers to the family. The suit property is the joint family property of the family including the family dwelling house. The plaintiffs' suit is for partition, with a prayer for buying up the portion of the joint family property - including the undivided family dwelling house, - sold by the defendant No.1 to the defendants 2 and 3. The defence, taken in the suit, is that there were two prior partitions between the members of the family the first partition having been between the two ancestors of the family, - Madhu and Rama, being the heads of the two brothers of the family - as appears from the genealogical table; and the second partition is alleged to have been between the two sons of Rama - Raghu and Maguni. The purchasers defendants 2 and 3 filed a joint written statement and their vendor the defendant No.1 filed a separate written statement; the defendant No.4 did not file any written statement.