- (1.) LEAVE granted.
(2.) PLAINTIFF is the appellant and being aggrieved by the judgment and decree passed by the Andhra Pradesh High Court affirming the judgment and decree of the First Appellate Court, modifying and setting aside the judgment and decree passed by the trial court in favour of the plaintiff has filed this appeal by special leave. The suit property is a dwelling house measuring 410 square yards, situated at Repalle Town. The defendant who is the respondent herein is the owner of 3/4th share of the said property and one Shri Anikendu was the owner of balance 1/4th share. The plaintiff purchased the aforesaid 1/4th share of the property under Exhibit A1 for consideration of Rs.3,000/- on 18.2.1976 and thereafter filed a suit seeking for decree of partition of his share. During the pendency of the suit an amendment application was filed seeking to add the relief for delivery of possession of 1/4th share of the suit property. The trial court after hearing the parties, decreed the suit. Aggrieved by the aforesaid judgment an decree passed, the defendant filed appeal before the First Appellate Court which modified the decree passed by the trial court holding that the plaintiff is entitled to 1/4th share of the suit property but in terms of Section 4 of the Partition Act, he would be entitled to receive a sum of Rs.3,000/- towards the value of his 1/4th share with interest at the rate of 6% per annum thereon from the date of purchase i.e. 18.2.1976 from the defendant. Aggrieved by the said judgment and decree of the First Appellate Court the plaintiff filed Second Appeal before the High Court. The High Court considered the respective pleadings as also the evidence adduced by the parties. It upheld the judgment and decree passed by the First Appellate Court and while doing so referred to pleading of the defendant that he is willing to buy 1/4th share from plaintiff. The High Court took note of para 4 of the written statement wherein the defendant himself had admitted that the plaintiff is entitled to 1/4th share in the suit property. Accordingly the High Court observed as under: "The only course left to the plaintiff is to offer his interest in the suit house to the defendant as he is admittedly the stranger and the house is a dwelling house and in view of the impracticability of any partition by metes and bounds, the defendant is willing to purchase the plaintiff's interest at the market value."
(3.) THE High Court thereafter referred to the provisions of Section 4 of the Partition Act and directed the defendant to pay a sum of Rs.3,000/- along with interest at the rate of 6 per cent per annum from the date of the purchase.;