( 1 ) THIS appeal is at the instance of the plaintiff and it arises out of a suit for declaration of the plaintiffs title to the disputed property and partition of the same by metes and bounds.

( 2 ) THE appeal involves a point of law of first impression relating to the construction of Section 23 of the Hindu Succession Act, 1956. The point is whether a transferee of the female heirs is entitled to claim partition of the dwelling house when the male heir does not choose to divide his share therein. In other words, whether the restriction imposed by Section 23 on a female heir to claim partition also applies to her transferee. In order to appreciate and consider the point, the facts of the case may be stated in brief.

( 3 ) THE disputed property which is the dwelling house belonged to the father of the appellant, late Motilal Sanyal. He died intestate on May 30, 1960 leaving behind him his widow Khiroda Sundari Dasi, two sons, namely, the appellant and the respondent No. 1 and three daughters, Atasi, Anima and Anurupa, as his heirs under the Hindu Succession Act, 1956. Each of the said heirs inherited l/6th share in the disputed dwelling house. The appellant transf