Apurba Chakraborty vs Tapan Chakraborty (Plaintiff)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 269

T. AMARNATH GOUD, S. G. CHATTOPADHYAY
Apurba Chakraborty – Appellant
Versus
Tapan Chakraborty (Plaintiff) – Respondent

Advocates appeared:
Mr. D.K. Daschoudhury, Advocate., for the Appellant; Mr. A. Sengupta, Advocate., for the Respondent

JUDGMENT

T. Amarnath Goud, J. - This is an appeal filed under Section 96 of the Code of Civil Procedure, 1908 against the judgment dated 09.04.2018 and decree dated 23.04.2018 passed in T.S.(Partition) 13 of 2015 by learned Civil Judge (Senior Division), Udaipur, District: Gomati Tripura.

2. The facts leading to this appeal are that respondent No.1 being the plaintiff preferred the suit seeking partition and separate possession of ancestral landed property of himself and the defendants-respondents No.2 to 18 (hereinafter called the respondents) as inherited from Nagendranath Chakraborty (since deceased) in respect of the land as described in 'Schedule A' of the pliant measuring 3.50 acres recorded in Khatians No.432(1 to 3) mouza Uttar Chandrapur, Tehshil: Matarbari, Sub-division, Udaipur, District: Gomati Tripura.

3. Sri Nagendra Chakraborty owner of land measuring 4.32 acres of land as detailed in 'Schedule A' of the pliant died intestate on 14.11.1977 AD leaving behind his legal heirs namely, i) Smt. Haimabati Chakraborty-wife, ii) Sri Manmatha Nath Chakraborty-son, iii) Sri Gopesh Chakraborty-son, iv) Sri Shilesh Chandra Chakraborty-son, v) Sri Paresh Chandra Chakraborty-son, vi