KUMARI REENA Vs. KAMLESH

JUDGEMENT

(1.) DEFENDANTS No.1 and 2 in a suit for possession by way of partition with consequential relief of permanent injunction, had made an application under Section 4 of the Partition Act, 1893 (hereinafter mentioned as the Act) for purchasing share of the plaintiff. Considering the entire spectrum of facts and circumstances, allowing the application of the defendants, they were called upon to pay the price of the share of the plaintiff at the prevailing market rate.

(2.) THE defendants, petitioners herein, are aggrieved of the said order of 2.4.2014 (Annexure P -3) of the lower court and claim that instead of prevailing market price, they are ready to pay the price of the share of the plaintiff as is mentioned in sale deed dated 19.5.2007.

(3.) THIS plea of the defendants, petitioners herein, is contested by the counsel for respondent No.1 urging that the sale deed is of 2007 whereas the defendants have come forward to purchase the share of the plaintiff only recently i.e. after passage of considerable length of time.