TARUN KUMAR GUPTA
Subir Mondal – Appellant
Versus
Adhir Mondal – Respondent
TARUN KUMAR GUPTA, J.
1. Plaintiffs are the appellants against this judgment of affirmation. The plaintiffs filed a suit for partition being Title Suit No.26 of 2003 with the following averments:-
Harisadhan Mondal, a common ancestor of the plaintiffs and defendant Nos. 1- 5, was the owner of 'A' schedule property. Harisadhan Mondal died intestate leaving behind his three sons namely Banshilal Mondal, Nanigopal alias Nanilal Mondal and Charu Chandra Mondal who became co-owners to the extent of 1/3rd share each in said property. The plaintiffs are the son and the daughter of Charu Chandra Mondal whereas the defendant Nos. 1 5 are the sons and the daughters of Banshilal Mondal. On death of Charu Chandra Mondal the plaintiffs became joint owners of 1/3rd share in 'A' schedule property and similarly after demise of Banshilal Mondal defendant Nos. 1 5 became joint owners of 1/3rd share to said 'A' schedule property. The 'B' schedule property was recorded in the name of Nanigopal alias Nanilal Mondal, uncle of both plaintiffs and defendant Nos. 1 5. Nanigopal died issueless leaving behind his widow Kadambini Dassi. Kadambini Dassi accordingly inherited said properties of Nanigopal.
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