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1 - 5 of 5 (0.24 seconds)Gopal Chandra Mitra And Ors. vs Kalipada Das And Ors. on 23 December, 1986
As such, by applying the principle as laid down by the Division Bench of this Hon'ble
Court in the case of Gopal Chadra Mitra & Ors vs. Kalipada Das & Ors. (Supra), this Court holds
that the learned Trial Judge was not justified in directing the Collector to assess the valuation of
the share of the stranger purchaser with reference to its valuation as on 13th March, 2007 which
was not the date when the plaintiff, in fact, undertook to preempt the share of the stranger
purchaser. The plaintiff simply filed an application on 13th March, 2007 inviting the Court to
assess the valuation of the shares of the stranger purchaser in terms of the direction passed by
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the Hon'ble Supreme Court so that he can fulfil his undertaking given by him in the plaint itself.
As such 13th March, 2007 cannot be regarded as the relevant date for the purpose of valuation of
the share of the stranger purchaser under Section 4 of the Partition Act.
Article 227 in Constitution of India [Constitution]
Section 2 in The Partition Act, 1893 [Entire Act]
Section 3 in The Partition Act, 1893 [Entire Act]
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