S. M. N. RAINA, J.

( 1 ) THIS is an appeal under Section 8 of the Partition Act.

( 2 ) IT is not disputed that the house in suit which is situated in Gopalganj, Sagar, originally belonged to the joint Hindu family. The plaintiff-respondent purchased 1/5th share of Rishikumar, appellant No. 1, one of the members of the family at a Court auction in 1960. Thereafter the plaintiff filed a suit for partition and for possession of his 1/5th share against the appellants and certain other members of the family. The suit was decreed and a preliminary decree for partition was passed in favour of the plaintiff-respondent. During the proceedings for final decree, the appellants and some others filed an application under Section 4 of the Partition Act (hereinafter referred to as 'the Act') for purchasing the share of the plaintiff. This application was opposed by the plaintiff-respondent and was dismissed by the trial Court in appeal, the learned Additional District Judge set aside the order of the trial Court and allowed the application. Being aggrieved thereby, the plaintiff has preferred this second appeal.

( 3 ) FROM the material on record, it appears that the house in suit is a dwelling ho

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