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HARISH TANDON, PRASENJIT BISWAS
Sikha Malakar – Appellant
Versus
Prasinjit Saha – Respondent
JUDGMENT :
(Prasenjit Biswas, J.)
1. The instant appeal has been preferred on behest of the plaintiffs/ appellants challenging the impugned judgment and decree dated 15.02.2022 passed by the learned Civil Judge (Senior Division), 2nd Court at Krishnagar, Nadia in connection with T.S. No. 191 of 2014.
2. By passing of the impugned judgment and decree the learned Trial Court dismissed the suit filed by the plaintiffs praying for partition in respect of the suit properties as mentioned in the schedule of the plaint.
3. Being aggrieved by and dissatisfied with the impugned judgment and decree passed by the learned Trial Court the instant appeal has been preferred by the plaintiffs/appellants.
4. It is the case of the plaintiffs that the suit property originally belonged to Sukchand Bawri, Phulchand Bawri, Kumari Bawri, Laba Bawri in equal shares and their names have been duly recorded in R.S. Khatian No. 271. Thereafter, these said R.S. recorded tenants transferred their shares to Prabodh Kumar Sarkar and Prabhat Kumar Sarkar and thus, they became owners in respect of the suit plots to the extent of 8.25 decimals of land. Prabodh Kumar Sarkar and Prabhat Kumar Sarkar transferred their 8.2
In partition suits, absence of necessary parties is not fatal if no prior direction was given to join them, emphasizing the importance of pleadings in judicial processes.
Purchasers cannot claim more than what their transferor legally owns; a property can only be sold according to rightful ownership, ensuring correct partition among heirs.
Joint ownership claims persist until partition; rights in a partition suit are not bound by limitation, and the burden to prove legal necessity for property transfer lies with the transferee.
A party seeking partition must challenge the validity of prior transactions affecting the property and cannot seek partition of property that has been sold and is in the possession of third parties w....
The finalized partition under the Hindu Succession (Amendment) Act, 2005 cannot be reopened unless exceptions apply; claims barred by limitation and lack of necessary parties.
In property disputes, all sharers must be joined as necessary parties to ensure valid adjudication of rights, as established in the judgment.
Widow's remarriage does not strip her of inheritance rights, and married daughters have equal entitlement to family property under the amended Hindu Succession Act.
The court affirmed the plaintiffs' right to partition of joint family property, ruling that the defendants failed to prove prior partition, and emphasized the necessity of registration for partition ....
A partition suit is non-maintainable if necessary parties, such as co-sharers, are not included, as effective decrees cannot be passed without their presence.
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