SATBEER Vs. DHARAMBEER

JUDGEMENT

(1.) The present petition is directed against the order dated 01.05.2018 passed by the Judicial Magistrate, 1st Class, Jhajjar (for short -the Trial Court) dismissing an application filed by the petitioner under Section 4(1) of the Partition Act, 1893 (for short - the Act).

(2.) The respondent filed a suit seeking therein possession of l/4th share by way of partition of the property detailed and described in the plaint (for short - the suit property). On being put to notice, the petitioner, who was the sole defendant, appeared before the Trial Court and contested the respondent's suit. After considering the respective stands taken by the parties as also the evidence led by them, on 27.07.2016, the Trial Court passed a preliminary decree. However, before the final decree could be passed, the petitioner filed an application under Section 4(1) of the Act seeking therein issuance of a direction by the Trial Court to the respondent to sell his share in favour of the petitioner on the ground that on the suit property there was a dwelling-house which was earlier owned by the brother of the petitioner, who had sold his share to the respondent, who was a stranger to the joint Hindu property earlier owned by the petitioner and his brother. The application of the petitioner was dismissed by the Trial Court giving rise to the present proceedings.

(3.) Learned counsel for the parties have been heard. Section 4(1) of the Act reads as under:-