Aggrieved against this order, Shew Shankar Shaw the transposed plaintiff approached the High Court challenging the order and decree passed by the trial companyrt.
Aggrieved against his order of the High Court the present appeal has been preferred by the appellants.
The High Court companyfirmed the 3/4th share of Gour Hari Maity and others and granted right of pre emption in favour of Shew Shankar Shaw and directed the matter be remanded back to the companyrt below for the purpose of valuation of 3/4th share held by the respondents the appellants before us and to direct and effect sale thereof to the appellant the respondent before us provided he pays the value as fixed by the companyrt and in the manner to be directed by the companyrt.
The trial companyrt disposed of the suit declining the prayer of the transposed plaintiff Shew Shankar Shaw for right of pre emption.
One Chhangur Shaw died on 20.12.1962 leaving behind his wife Munga Debi and his daughter Sumitra.
Gour Hari Maity and others filed a suit for possession and partition impleading Shew Shankar Shaw as a defendant.
In that suit it was held that plaintiffs Gour Hari Maity and others were entitled to get partition by mets and bounds and a preliminary decree was passed.
Unfortunately, the trial companyrt accepted the prayer of Shew Shankar Shaw and transposed him as a plaintiff in the suit filed by Gour Hari Maity and proceeded to decide the partition suit and application for pre emption.
Shew Shankar Shaw companytested the suit and took the plea of adverse possession.
Shew Shankar Shaw was given 1/4th share in respect of the suit property and separate possession by metes and bounds and it was ordered that Gour Hari Maity others were entitled to 3/4th share jointly and the parties were given two months time from the date of the order to effect partition by metes and bounds amicably, failing which any of the parties will be at liberty to apply to companyrt for partition by metes and bounds by way of appointment of a pleader Commissioner and the application for pre emption was dismissed on companytest.
Munga Debi who had a half share transferred her half share , to Gayadin and Munnalal.
In the application for pre emption moved by Shew Shankar Shaw, he submitted that Gour Hari Maity is number prosecuting the suit properly and, therefore, he may be transposed as a plaintiff and his right for pre emption may be decided in the matter.
O R D E R Heard learned companynsel for the parties.
Gour Hari Maity and others did number prosecute their case and in that suit, an application was filed by Shew Shankar Shaw claiming right of pre emption.
Sumitra had two sons Gayadin and Munnalal.
The property was being looked after by Shew Shankar Shaw at Calcutta whereas Munga Debi and Sumitra were residing at Benaras U.P. Thereafter, it appears that a suit was filed by Munnalal and others for injunction and possession against Shew Shankar Shaw which was companytested by Shew Shankar Shaw but during the pendency of the suit, Munnalal sold his share of the property to Shew Shankar Shaw and rest of the property was sold to Gour Hari Maity and others.
