SATYABHAMA DAS Vs. SAILABALA MOHANTY

JUDGEMENT

(1.) This revision is directed against an order disallowing the plaintiff's prayer for amendment of the plaint by way of addition of a relief of partition in a suit seeking relief under Section 4 of the Partition Act, 1893.

(2.) The plaintiff has averred in the plaint that the disputed property is a piece of land necessary for the enjoyment of -the undivided family dwelling house and the transfer by defendant No. 2, a co-sharer, of his half interest in the suit property has entitled him to seek a relief under Section 4 of the Partition Act. So he has sought to buy out the share purchased by defendant No. 1.

(3.) In paragraph-4 of the written statement defendant No. 1 has averred that the sole relief to repurchase was not maintainable. He has also controverted the assertion of the plaintiff that the suit property was a part of the dwelling house of the undivided family.