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2019 Supreme(Cal) 5

BIBEK CHAUDHURI
KALIPADA POIRYA – Appellant
Versus
BANAMALI SAMANTA – Respondent


Advocates Appeared:
Ramkrishna Roy, Adv., Mansoor Alam, Adv.

JUDGMENT :

Bibek Chaudhuri, J.

1. One Satish Chandra Poirya, since deceased was the original owner of a piece and parcel of land measuring about 20 decimals in plot No.284 appertaining to khatian No.78 of mouja Bhagwanpur within P.S Debra (hereafter the suit property). Nature of the suit property has been recorded as Kala/bastu in the L.R Record of Rights. After the death of Satish Chandra, the suit property was inherited by his four sons, namely, Sreepati Charan Poirya, Bhibhuti Charan, Pashupati and Bijoy Krishna in equal share. While the abovenamed co-sharers had been possessing the suit property jointly in respect of their undivided share, they decided to effect partition of the suit property along with other joint property and by virtue of a registered deed of partition dated 19th August, 1943, the suit was partitioned amongst the above named co-sharers. It is, however, contended that in spite of such partition, the suit property was not demarcated by metes and bounds between the co-sharers. The plaintiffs/petitioners and proforma defendants/opposite parties have been possessing the suit property jointly as per their sharers. It alleged by the plaintiffs/petitioners that the pro



























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