JUDGMENT :

Biswaroop Chowdhury, J:

1. The petitioners before this Court are defendants in a suit for partition, and is aggrieved by the Order dated 04-03-2022 passed by Learned Civil Judge (Senior Division) Diamond Harbour in T.S. 168 of 2011 in rejecting the petitions dated 29-07-2016 filed by them for construction upon the suit property.

2. The case of the petitioners before the Learned Trial Court may be summed up thus.

3. By an application dated 29/07/2016 the Petitioner no-1 made application for constructing rooms with brick wall and concrete roof in place of Room No.1 and 1A and the petitioner no – 2 has prayed for removing the tiles and asbestos shed from the said room no-3 and 4, and to lay concrete roof therein and to construct a first floor therein. As there was commission of the suit property prior to filing of the said application, the said reports were taken into consideration by the Learned Court below. The inspection report dated 11.04.2016 reflects that room number 1 having mud wall and asbestos shed is in dilapidated condition and its measurement is 41’19’. It is further stated in the report that room No 1A is measuring 10’9’ and is also in a dilapidated condition. It