It is number in dispute that the order was number challenged before any higher forum.
Case No.21 of 1972 praying for pre emption of the share of plaintiff number1.
The defendant challenged the order in revision before the High Court in C.O.No.3529 of 1992, which was decided by the High Court by the order dated 19.4.1999.
In the preliminary decree liberty was given to the defendant to pre empt the share of the plaintiff No.1 who was married.
The widow by a registered deed of gift dated 23.8.1968 gifted her share to the appellants.
Mira Ghosh, son Partha Sarathi Ghosh who is respondent herein and two daughters namely Smt.
Against the said order the defendant preferred an appeal before the High Court which was decided by the order dated 23.4.1987.
After companying into force of the Hindu Succession Act, 1956 the widows interest became absolute and thus the respondent and his mother became company sharers of the suit property each having a moity share.
The said order is under challenge in this appeal filed by the plaintiffs.
However, Misc.
The suit was decreed in the preliminary form on 28.2.1972 declaring 8 annas share of property of the defendant and 4 annas of each of the plaintiffs.
The trial companyrt rejected the application mainly on the ground that an application previously filed by the defendant under Section 4 of the Act had been rejected by the trial companyrt and the order having number been challenged had attained finality.
The appeal was allowed and the order passed by the trial companyrt was set aside holding that the defendant alone was entitled to purchase the share of plaintiff number1 as after marriage the plaintiff number2 lost the status of a member of the undivided family.
Before her marriage the plaintiff number2 had filed an application under Section 4 of the Partition Act, 1893 for short the Act Misc.
After acquiring share in the suit property through their mother the appellants filed a suit Title Suit No.29/70 against the respondent seeking a decree of partition.
Srilekha Ghosh Roy and Smt.
The prayer of the defendant was rejected by the trial companyrt vide order dated 8.7.1978.
He died on 23rd June, 1942 leaving behind his widow Smt.
Subsequently plaintiff number2 also got married on 12 June, 1976.
After the aforementioned decision of the High Court the defendant filed an application under Section 4 of the Partition Act for purchasing 1/4th share of plaintiff number2 under the changed circumstances.
During pendency of the suit plaintiff number2 got married.
Thereafter the defendant filed an application before the trial companyrt for an order to purchase the share of plaintiff number2.
Sulekha Ghosh Mitra who are the appellants herein.
Case No.21/72 was disposed of by the trial companyrt on 12th January, 1980 with a finding that both plaintiff number2 and the defendant will have the right to buy the share of plaintiff number1.
According to the law of succession prevailing then the respondent and his mother became joint owners of the suit property subject to the provision in Section 3 3 of the Hindu Womans Right to Property Act, 1937.
P.MOHAPATRA,J. Leave granted.
One Sailen Ghosh was the original owner of the suit property.
