SATBIR SINGH Vs. HEERA LAL

JUDGEMENT

(1.) THE plaintiff-decree holder filed a suit for partition of the joint property on 11.3.1998. The suit was decreed and the plaintiff; defendant Nos. 1 to 4 and defendant Nos. 5 & 6 were found entitled to 1/6th share each in the suit property vide judgment and decree dated 5.4.1994.

(2.) IN an application for appointment of Local Commissioner, so as to prepare a final decree, the objections were filed by the respondent Heera Lal. The objections were though in the preliminary decree the plaintiff was declared entitled to the extent of 1/6th share in the suit property, but now the plaintiff claims 3/4th share. It was contended that such share could not be claimed by the decree holder without getting the preliminary decree modified. It may be noticed that the petitioner claimed ownership in respect of the share of his sisters on the basis of consent decree suffered by them in his favour. Such objections were dismissed by the learned Executing Court on 31.8.1999 and the plaintiff was found entitled to claim 3/4th share in the suit property.

(3.) SECTION 4 of the Partition Act, 1893 (hereinafter referred to as the Act) contemplates that where a share of a dwelling house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a share holder undertakes to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to the willing members of the family.