JAGESHWAR SINGH Vs. KANDHAIYA BUX SINGH

JUDGEMENT

(1.) This appeal arises out of a final decree passed in a partition suit.

(2.) The respondents obtained a decree for partition of a house and a gonda as well as zamindari property and tenancy lands against the appellants. The house and the gonda were subject to division by metes and bounds. The appellants applied before the trial Court that it was not convenient to have the actual division of the house by metes and bounds and that the provisions of the Partition Act should be applied. Thereafter the plaintiffs applied that they were prepared to buy the shares of the defendants-appellants under the provisions of Section 3, Partition Act. In reply to this last application, the defendants pleaded that it was impossible to partition the house and they, therefore, prayed for action under Section 2, Partition Act, and it was further prayed that if it was impossible to proceed under the Partition Act then the Court might take action under its inherent powers and award compensation to the plaintiffs for their share or sell the house to such of the parties as offered the highest bid.

(3.) The trial Court appointed a receiver to make a valuation of the house and thereafter it sold the defendants share to the plaintiffs at the price fixed by the Court.