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2024 Supreme(Cal) 1261

HARISH TANDON, MADHURESH PRASAD
Baharpota Upper Primary School – Appellant
Versus
Santimayee Manna – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Goutam Thakur, Adv., Mr. D.P. Adhikari, Adv.

JUDGMENT :

Harish Tandon, J.

1. The dispute pertains to the Plot nos. 1349, 1350 and 1352 which according to the plaintiff/respondent owned and possessed by them by way of inheritance from their predecessors who were admittedly the owners thereof. It is a specific case of the plaintiff/respondent that undisputedly the aforesaid properties belonging to one Indra Manna and Jagannath Manna in equal share and on the death of Jagannath Manna his son Jharu Manna inherited the undivided half share along with his uncle namely Indra Manna. The DSROR was prepared in the name of said Indra Manna and the Jharu Manna. The Indra Manna admittedly died as a bachelor and the Jharu Manna being the only heir under the law intestate succession acquired an exclusive right, title and interest in respect thereof. It is further alleged that after the death of Jharu Manna his three sons namely Sripati, Satish and Ratikanta inherited the suit properties in equal share but subsequently, Satish transferred his undivided 1/3rd share by several deeds in favour of his another brother Ratikanta and correspondingly, the Sripati also transferred his undivided 1/3rd share by several deeds in favour of the said Ratikan

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