SURESH CHANDRA DAS Vs. MAHESWAR DAS

JUDGEMENT

(1.) Defendant No. 4 in the trial Court who is respondent No. 4 in the lower appellate Court is the petitioner in this revision application against the order dt. 22-7-1983 of the Additional District Judge of Cuttack passed in Title Appeal No. 15 of 1980.

(2.) Opposite party No.1 filed Title Suit No.60 of 1976 in the Court of the Subordinate Judge, Kendrapara, for partition of the suit properties. The petitioner is a purchaser from the share of defendant No.1. He was impleaded as defendant No. 4 in the suit. The plaintiff claimed a right under S.4 of the Partition Act to re-purchase to share of defendant No.1 which was sold to the petitioner. Defendant No. 4 alone contested the suit. According to him, there was a partition by metes and bounds amongst the three brothers of the family long prior to the date of his purchase, i.e. 3-4-1968, and on this basis, his contention was that a suit for fresh partition of the properties was not maintainable in law and the relief under S. 4 of the Partition Act was not available to be granted.

(3.) The learned Subordinate Judge after recording the evidence adduced by the parties and hearing the parties and considering the materials on record came to the conclusion under issue No. 5 that there was a complete partition amongst the three branches of the plaintiff's family in the year 1964. He, however, felt that on account of some acquisition and death of some members in the family, re-adjustment of the allotments made in the year 1964 was necessary. Though the suit for partition was decreed, the plaintiff was refused the relief under S. 4 of the Partition Act.