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2015 Supreme(Cal) 570

HARISH TANDON
Md. Selamuddin Mia (Minor) – Appellant
Versus
Dinesh Chandra Karmakar – Respondent


Advocate Appeared:
For the Petitioners:Asis Chandra Bagchi, Satyajit Mondal & Suranjan Mondal, Advocates.
For the Opposite Party :Pinaki Dhole, Advocate.

JUDGMENT :

Harish Tandon, J.

An unsuccessful plea is further raised before this Court by the petitioner that opening of the separate khatian tantamounts to a separation of plot of land and denotes an exclusive right of a person whose name is recorded therein which is opposed to the concept of cosharership.

2. One Siddeswari Dasi became the owner of R.S. Plot No. 187 comprising 2.27 acres of land and Plot No. 240 measuring 1.68 acres under Mouza Jitmahanpur by deed of purchase from the erstwhile owner.

3. The said Siddeswari Debi upon her death left behind her surviving two daughters, namely, Bhulia Bewa and Sandhya Bewa and a son, namely, Kameswar Karmakar, who inherited undivided ?rd share in each of such plots being the subject matter of the dispute in the preemption proceedings.

4. Undisputedly, the said Kameswar Karmakar had four sons, namely, Atul Chandra Karmakar, Binay Karmakar, Shib Charan Karmakar and Dinesh Karkamar, the opposite party herein. The aforesaid two daughters subsequently divested their respective shares in the aforesaid plots in favour of the said four sons of Kameswar Karmakar. In the year 1987, the said Kameswar Karmakar transferred 19 decimal of land in Plot No































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