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