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1967 Supreme(Pat) 92

H.MAHAPATRA
Kalipada Ash – Appellant
Versus
Tagar Bala Dasi – Respondent


Judgment

H.Mahapatra, J.

1. The defendants I and 2 in a suit for partition are the appellants. One Pratap Chandra Ash had four sons; Ealipada Ash, Amulya Chandra Ash, Gopal Chandra Ash and Abinash Chandra Ash. Gopal and Abinashs son Jitendra transferred their half share in a property measuring 0.03 acre in Mouza Chirkunda bearing survey plots Nos. 1110 and 1111 under Khata No. 243 to the plaintiff on the 9th of November 1960 by a registered Instrument. On the basis of a title thus transferred to her, the transferee brought the suit for partition of her half share. The defence by the other two sons of Pratap Chandra Ash, namely, Kalipada and Amulva, who are the appellants here, was that under Sec. 4 of the Partition Act (Act IV of 1893), they were willing to purchase the half share belonging to the two other sons of Pratap Chandra Ash and that the plaintiff should not be given a decree for partition in respect of that on the basis of her purchase. Secondly, they also pleaded that the road frontage of this holding being only 12 feet, it was not convenient to be partitioned as prayed for by the plaintiff. Both the Courts found against the defendants and decreed the plaintiffs suit for








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