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HARISH TANDON, PRASENJIT BISWAS
Sikha Malakar – Appellant
Versus
Prasinjit Saha – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's partition ruling (Para 1 , 2 , 3 , 4) |
| 2. ownership and transfer rights of parties (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's observations on non-joinder issues (Para 12 , 13 , 14 , 15 , 16) |
| 4. criteria for addressing unpleaded cases (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. requirement of necessary parties in partition suits (Para 24 , 25 , 26) |
| 6. evidence consideration limitations (Para 27) |
| 7. remand for further proceedings (Para 28 , 29) |
| 8. conclusion and remand order (Para 30 , 31 , 32 , 33 , 34) |
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 be
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.
Ouster among co-sharers requires hostile animus, long exclusive possession known to other co-owner; mere possession insufficient.
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.
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