JUDGMENT :

BIBHAS RANJAN DE, J.

1. The order dated 23.12.2022 passed by Learned Additional District Judge, Baruipur, District 24 Parganas (South) in connection with Miscellaneous Appeal No. 34 of 2022 is under challenge.

2. By the order impugned Learned Judge affirmed the order dated 16.09.2022 passed by Leaned Civil Judge (Senior Division) 2nd Court, in Title Suit No. 504 of 2022.

Background facts:

3. The subject property being 11 decimal of land appertaining to R.S Plot no. 1332 originally belonged to one Priyanath Ghosh who died before Hindu Successions Act, 1956 came into force leaving behind his 3 sons - Amulya Charan Ghosh, Charu Chandra Ghosh & Putiram Ghosh. Wife of said Priyanath Ghosh predeceased him. Thereby, 3 sons of Priyanath Ghosh inherited 1/3rd share each in the subject property. Putiram Ghosh died leaving behind his widow Jamuna Bala Ghosh only. Accordingly, names of Amulay Charan Ghosh, Charu Chandra Ghosh & Jamuna Bala Ghosh have been duly recorded 1/3rd against share each under R.S Khatian No. 532. Jamuna Bala Ghosh transferred her 1/3rd undivided share to Charu Chandra Ghosh on the basis of a registered sale deed no. 10520 dated 12.12.1962 and delivered possession.