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2000 Supreme(SC) 1658

S.N.VARIAVA, V.N.KHARE
Gautam Paul – Appellant
Versus
Debi Rani Paul – Respondent


Judgement Key Points

Yes, the Supreme Court judgment articulates the object of Section 4 of the Partition Act as safeguarding the undivided family's dwelling-house from intrusion or fragmentation by strangers, enabling co-sharers to pre-empt by purchasing the transferred share under specific conditions. (!) (!) [1000050180021]

  • Protection from entry and fragmentation: Section 4 seeks to protect family members' peaceful joint life in the dwelling-house from strangers who may disrupt harmony due to differing customs, while preventing disintegration of the family dwelling-house by barring stranger entry; the stranger is compensated via share valuation. (!) (!)
  • Mechanism via pre-emption: Available only if the transferee (non-family member) sues for partition; co-sharers may then buy the share to avoid actual division and outsider possession, complementing Section 44 of the Transfer of Property Act which bars joint possession by non-members absent partition.[1000050180021] (!) (!)
  • Liberal yet strict interpretation: The provision merits liberal construction but strictly requires the dwelling-house to belong to an undivided family, transfer to a non-member, and the transferee suing for partition/separate possession—mere share claim or presence in partition suit (even as defendant) does not trigger it.[1000050180020][1000050180021][1000050180022]

JUDGMENT

S.N. Variava, J.-Leave granted.

2. This Appeal is against an Order dated 11th September, 1998 passed by the High Court of Calcutta.

3. Briefly stated the facts are as follows :

One Dr. Jonoranjan Paul was the owner of premises No.14-C, Sambhu Lane, Calcutta-14. This three-storied building is hereinafter referred to as suit property. The said Dr. Jonoranjan Paul had six sons, namely, Satish, Kiron, Biren, Nilratan, Nirmal and Bimol. During his life time the said Jonoranjan Paul hadsold the suit property to one Dr. Troilukya Nath Ghosh. After the death of Dr. Troilukya Nath Ghosh the suit property went to his heirs. The heirs executed a Gift Deed dated 2nd June, 1947. By this they gifted the suit property to Nilratan Paul, Nirode Baran Paul and Birnol Chandra Paul. As stated above, Nilratan Paul and Bimol Chandra Paul were two sons of Jonoranjan Paul. Nirode Baran Paul was the son of Kiron Chandra Paul.

4. Nilratan Paul s share went to his son Bejoy Ratan Paul. On 25th February, 1957 Bejoy Ratan Paul sold his share in the property to Nirode Baran Paul. Even though Bijoy Ratan Paul sold his share to Nirode Baran Paul he continued to stay in one room in the premises. By a De
















































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