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1 - 3 of 3 (1.75 seconds)Gopal Chandra Mitra And Ors. vs Kalipada Das And Ors. on 23 December, 1986
The reference can further be conveniently made to a judgement of this
Court rendered in case of Gopal Chandra Mitra vs. Kalipada Das reported in AIR
1987 Cal 210, wherein the Division Bench held:
Shew Sdhankar Shaw @ Shew Sankar Das vs Gaur Hari Maity & Ors on 3 September, 2010
"9. If the principle which was laid down by the Division Bench of this
Hon'ble Court in the said decision is applied in the instant case, then this
Court holds that since the plaintiff has applied for such preemption in the
instant case prior to the passing of the preliminary decree in the said suit,
the relevant date for the purpose of assessment of valuation of the share of
the stranger purchaser in the suit property will be the date when the
preliminary doecree in the said suit was passed declaring the share of the
parties in the suit property. Though the petitioner's right to preempt under
section 4 of the partition Act was recognized by the Appeal Court for the first
time on 17th February, 2004 and subsequently was affirmed in appeal by
the Hon'ble Supreme Court on 18th October, 2006 but sale price of the
stranger purchaser's share cannot be fixed with reference to the date when
the petitioner's right of preemption was recognized inasmuch as section 4 of
the Partition Act speaks of sale of the share of the stranger purchaser at its
valuation as on the date when the co-sharer undertakes to purchase the
share of the stranger purchaser.
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