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2017 Supreme(Gau) 1201

MIR ALFAZ ALI
Bikash Dey Laskar – Appellant
Versus
Nipapriya Das – Respondent


Advocates Appeared:
For the Appellant : B. Chakraborty
For the Respondents: R. Dhar

JUDGMENT :

Mir Alfaz Ali, J.

1. This appeal is directed against the order dated 10.04.2015 passed by the Civil Judge, Karimganj in Misc. (J) Case No. 32/2013 arising out of T.S. No. 23/2013. The appellants, as plaintiffs instituted a suit for declaration and reconveyance of the suit property claiming preferential right as well as permanent injunction. The case of the appellants/plaintiffs (hereinafter referred to as plaintiff) was that the property of Late Basanta Kumar Dey, who died in 1982 was inherited by his three sons, Bidhan Laskar, Biman Laskar, Bikash Laskar and the wife of said Sri Basanta Kumar Dey. Subsequently, the wife of Basanta Kumar Dey died and his entire property was enjoyed by the three sons jointly in equal share. In the year 1986, the property left by Basanta Kumar Dey was amicably partitioned amongst the co-sharers being the plaintiff No. 1, defendants No. 3 & 4, who are the legal heirs of Late Biman Dey Laskar and Bidhan Ch. Dey Laskar, who also died subsequently leaving his heirs, defendants No. 6 & 7. It was mentioned in the Partition Deed, that in case any of the co-sharer required to sell his respective share, it was agreed that the property shall be sold t














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