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1972 Supreme(Cal) 94

A.K.SINHA
LABANYA BALA DEBI – Appellant
Versus
PARUL BALA DEBI – Respondent


Advocates Appeared:
Radha Kanta Bhattacharjee, RATHINDRA NATH BHATTACHARYYA

A. K. SINHA, J.

( 1 ) THIS appeal is by the defendant appellant against an appellate judgment and decree of reversal.

( 2 ) THE plaintiffs respondents filed a suit for partition of C. S. Plot No. 1356 measuring more or less 5 cottahs of land appertaining to Khatian No. 344 of Mouza Jainagore. This plot belonged to one Kedar Sadbukhan who sold in specific portions the entire plot by different registered documents of conveyance to the predecessors of plaintiffs Nos. 1 and 2 and to the respondent No. 3 and to the father of respondent No. 4 and the predecessors of the present appellant Labanyabala, the defendant No. 3 in the original suit. The case of the plaintiffs is that the defendants are co-sharers but as it was not possible to possess the property jointly partition of the property is necessary.

( 3 ) DEFENDANT No. 3 the present appellant who alone contested the suit filed a written statement denying all material allegations. Her specific case is that she purchased 3 cottahs 9 chittaks of land with defined boundaries but with the description in the conveyance that the land measured 2 cottahs. She has alleged that she has been in possession of 3 cottahs 9 chittaks of land for mo










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