In partition disputes, equitable shares among heirs are legally enforceable, and compensation from land acquisition must be distributed proportionately.

1. This is an appeal filed under S.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) Smt. Snehalata Chakraborty - Daughter,
vii) Smt. Amiya Bala Chakraborty - daughter,
viii) Smt. Mira Chakraborty - daughter.

4. Sri Manmatha Nath Chakraborty died intestate on 19.02.1985 A. D. leaving behind him his wife Basana Chakraborty and son Sri Tapan Chakraborty who stepped into the shoes of deceased Manmatha Nath Chakraborty in equal share. Smt. Haimabati Chakraborty, wife of late Nagendra Nath Chakraborty also died intestate on 19.12.1994. The 1/8 share of Himabati Chakraborty was devolved upon the remaining three brothers, three sisters, and wife and son of pre - deceased Manmatha Nath Chakraborty. Sri Gopesh Chandra Chakraborty also died on 1995 A.D. leaving behind him his wife Sabita Chakraborty, son - Apurba Chakraborty, daughters Rama Chakraborty and Smt. Bina Chakraborty who took the share of Gopesh Chandra Chakraborty in the property left by Nagendra Nath Chakraborty in equal shares. Smt. Amiyabala Chakraborty also died on 19.05.2004 leaving behind her two sons, namely Amar Chakraborty, Sri Maran Chakraborty, and daughters - Smt. Dipa Banerjee, Smt. Rita Ganguly and Smt. Mira Chakraborty.

5. Now the share of the successors to the property left by Nagendra Nath Chakraborty is as follows
i) Smt. Basana Chakraborty (defendant 140-1/14th,
ii) Sri Tapan Chakraborty (plaintiff) - 1/14th,
iii) Sri Sailesh Chandra Chakraborty(defendant 1) - 1/7th,
iv) Sri Paresh Chandra Chakraborty (defendant 2) - 1/7th,
v) Smt. Sabit Chakraborty (defendant 3) - 1/28th,
vi) Sri Apurba Chakraborty (defendant 4) - 1/28th,
vii) Smt. Rama Chakraborty(defendant 5) - 1/28th,
viii) Smt. Bina Chakraborty (defendant 6) - 1/28th,
ix) Smt. Snelata Chakraborty (defendant 7) - 1/7th,
x) Smt. Mira Chakraborty (defendant 8) - 1/7th,
xi) Sri Amar Chakraborty (defendant, 9) - 1/35th '
xii) Sri Maran Chakraborty (defendant 10) 1/35th,
xiii) Smt. Dipa Banerjee (defendant 11) - 1/35th,
xiv) Smt. Rita Ganguly (defendant 12) - 1/35th and
xv) Smt. Mira Chakraborty (defendant 13) - 1/35th.

6. Out of the land measuring 4.32 acres, an area measuring 0.82 acres (as described in Schedule B of the plaint) had been acquired by the Government for railway construction and thus reduced the land left by deceased Nagendra Nath Chakraborty to 3.50 acres as described in the 'Schedule A' of the pliant (hereinafter referred to as the suit land). Out of 'A' Schedule land, an area measuring 0.67 acres had wrongly been recorded in Khatian No.1353 of mouza Uttar Chandrapur in