Yogesh Kesarwani And Anr. vs Devi Shankar Shukla on 17 February, 2022
(i) In Kashi Nath Bhatt and Others Vs. Atma Ram and Others reported in AIR 1973 (Alld.) 548. The issue before the Court was regarding the valuation of the share of the stranger purchasers and the Trial Court had considered the date of preparation of final decree as the date on which the valuation of the share was reckoned. This was assailed before the High Court in a Civil Revision. Both, plaintiff and defendant had filed separate revisions. The plaintiff's civil revision was dismissed by holding that even though the defendant had sold out some portion of the land adjacent to the property in question after passing of the preliminary decree, yet, it would not deprive the defendant of claiming the benefit of Section 4 of the Partition Act in respect of the dwelling house in question. The Civil Revision preferred by the defendant was also dismissed and after considering the relevant aspects which may affect the valuation of the property, the Court held that Section 4 of the Partition Act does not restrict the power of the Court to fix the value of the stranger purchaser's share with reference to any particular date instead various factors have to be taken note of while determining the date of valuation and it held that no error could be found with the order impugned fixing the date of valuation as existing on the date of preparation of final decree.