( 1 ) THIS appeal is directed against the judgment and order dated May 18, 1981 passed by S. C. Deb, J. dismissing the appellants' application under S. 4 of the Partition Act, 1893 for purchase of the undivided 5/6th share from the respondent who purchased the same in the dwelling house of the appellants from other co-sharers. To understand the points in issue brief facts of the case may be stated.

( 2 ) PREMISES No. 45, Nanda Ram Sen Street (hereinafter referred to as 'the said premises') was the ancestral dwelling house of the appellants and their other co-sharers. One Gopi Ballav Pramanick alias Basak had undivided 1/2 share of the said premises. On or about 11th July, 1975 Gopi Ballav Basak sold his undivided 1/2 share in the said premises to the respondent It is alleged by the respondent that when Gopi Ballav Basak offered his undivided 1/2 share of the said premises for sale to the respondent the respondent stated to Gopi Ballav Basak that the said share should be offered first to the other co-sharers and accordingly Gopi Ballav Basak in the presence of the respondent offered to sell his undivided 1/2 share to all co-sharers, namely, Nadia Behari Basak, Brindaban B