JUDGMENT

Biswas, J. - The short point which arises in this appeal is whether Section 4, Partition Act (4 [IV] of (1893) applies. The plaintiffs are the purchasers of an eight annas share in a holding, which is referred to in the plaint as holding No. 3, being C.S. Plot No. 275 of map, Ex. 2, from two members of an undivided Hindu family, who owned that share. The defendants, who are the other members of the family are the owners of the remaining eight annas share. After purchase, the plaintiffs brought a suit for partition and the only defence which was put forward in answer to it was a claim u/s 4, Partition Act to buy out the plaintiffs on a valuation to be made by the Court as prescribed in that section. That raised the question whether the interest, which had been purchased by the plaintiffs, could be described as "a share of a dwelling house belonging to an undivided family" within the meaning of Sub-section (1) of that section.

2. The facts relevant to the point under consideration, as found by the lower appellate Court, are as follows: Admittedly, the joint family of which the defendants were members owned another holding nearby, namely, holding No. 16, being C.S. Plots Nos. 3