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2008 Supreme(Gau) 562

BIPLAB KUMAR SHARMA, MAIBAM B.K.SINGH
Anup Kr. Deb Barma – Appellant
Versus
Ahindra Kr. Deb Barma – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: D. Chakraborty, Adv.
For Respondents/Defendant: A. Nandi, Adv.

JUDGMENT

B.K. Sharma, J.

1. This appeal is directed against the judgment and decree dated 17.6.2002 passed by the learned Civil Judge (Senior Division), court No. 2, West Tripura, Agartala, in Title (Partition) Suit No. 82/1998, dismissing the suit of the Plaintiff/Appellant. The suit was filed for partition of the joint properties described in the Schedule to the plaint. Be it stated here that the Plaintiff and the three Defendants are full blood brothers being the sons of Late Hiran Kumar Debbarma, who died on 30.6.1988.

2. In the suit, it was the case of the Plaintiff/Appellant that after the death of the father of the Plaintiff and the Defendants they became the joint owner of the property left behind by their father. Be it stated here that the pro forma Defendant who is the proforma Respondent in this appeal is the married daughter of Late Hiran Kumar Debbarma and she relinquished her claim over the property. Thus the Plaintiff and the Defendants became the join owners of the property in question having l/4th share each.

3. According to the Plaintiff/Appellant, differences had arisen in the management and enjoyment of the said ejmali property and the Defendant Nos. 2 and 3 demande






















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