Advocates:
['SOUMEN SAHA', '', 'S M CHAKRABORTY', 'BRATATI CHAKRABORTY', 'MAMPI CHAKRABORTY', 'Mr T D MAJUMDAR', '', 'Mr G S BHATTACHARJEE', 'Ms K DEBBARMA']

HIGH COURT OF TRIPURA

AGARTALA

RSA 39 of 2018

Sri Sudhangshu Sarkar

S/o Lt. Akhil Chandra Sarkar,

resident of Kariamura, South Badharghat,

P.S. - Amtali, Dist. - Tripura West.

-----Appellant(s)

Versus

1. Smt Anju Rani Sarkar

W/o. Sri Ajamil Sarkar,

resident of Matripally, P.O. - A.D. Nagar,

P.S. - Amtali, Dist. - West Tripura, Pin - 799003.

2. Smt Manju Sarkar

W/o. Sri Gopal Sarkar,

resident of arjan Ban, Masterpara,

P.S. - Melaghar, P.O.- Melaghar,

Dist.- Sepahijala, Tripura, Pin-

3. Smt. Ranju Sarkar

W/o. Sri Harendra Sarkar,

resident of Jamini Tiall, South Badharghat,

P.S. - Amtali, P.O. - A.D. Nagar, Dist. –

West Tripura, Pin - 799003.

4. Smt. Sanju Sarkar

W/o. Sri Manik Sarkar,

resident of Sabroom Town,

P.S. - Sabroom, P.O. - Sabroom,

Dist. - South Tripura, Pin - 799145.

5. Sri Himanshu Sarkar

S/o. Late Akhil Chandra Sarkar,

resident of Kariamura, South Badharghat,

P.S. - Amtali, P.O. - A.D. Nagar,

Dist. - West Tripura, Pin - 799003.

-----Respondent(s)

For Appellant(s)

: Mr. S. M. Chakraborty, Sr. Adv.

Mr. S. Saha, Adv.

For Respondent(s)

: Mr. T. D Majumder, Sr. Adv.

Mr. G. S. Bhattacharjee, Adv.

Date of hearing

: 08.02.2022

Date of pronouncement

: 10.02.2022

Whether fit for reporting

: Yes

Page 2 of 14

HON’BLE MR. JUSTICE T. AMARNATH GOUD

Judgment & Order

This is an appeal under Section 100 of the CPC 1908 from

the judgment and decree dated 03.12.2016 passed in case no. Title

Appeal 65 of 2013 by the Additional District Judge, Court No.3, West

Tripura, Agartala dismissing the appeal preferred against the

judgment dated 27.09.2004 passed by the Civil Judge, Sr. Division

(Court No.2), West Triprua, Agartala in TS (Part) 78 of 2003.

[2]

At the outset, the controversy that led to filing of the suit

may briefly be introduced. The respondents (herein after referred to as

plaintiff-respondents) as Plaintiffs instituted the Title Suit (P) 78 of

2003 in the Court of Ld. Civil Judge, Sr. Division, Court No.2, West

Tripura, Agartala against the appellant (herein after referred to as the

defendant-appellant) for partition of their joint properties in 1/7^th

share as described under schedule 1 and 2 of the plaint.

[3]

In a nutshell the case of the plaintiff-respondents was that

the suit land described under Schedule-1 of the plaint is the land

inherited by the plaintiff-respondents and defendant-appellant from

their predecessor-in-interest namely Akhil Chandra Sarkar and also

the suit land described under Schedule-2 is jointly purchased by them.

The plaintiff-respondents wanted for partition of the said land

purchased by them. Their predecessor-in-interest Lt. Akhil Ch. Sarkar

owned and possessed the land described under schedule-1 of the

plaint and the plaintiff-respondents and defendant-appellant are the

owner in possession of the 2^nd schedule land and after the death of

Page 3 of 14

their predecessor-in-interest they have been jointly possession the

said lands. It is a also asserted in the plaint that the plaintiff-

respondents recently noticed that the defendant-appellant has been

trying very vigorously to get and utilize all the benefits of the land

depriving them taking the advantage of their faith and trust reposed

on him when the plaintiff-respondents requested the defendant-

appellant for amicable partition to overcome to said situation he

turnaround and lastly refused the proposal on 9.7.03.

[4]

The plaintiff-respondents herein filed the suit in the trial

court for partition of their joint properties in 1/7^th share as described

under schedule 1 and 2 of the plaint

Schedule-1

District-West Tripura, Sub-Registry office-Sadar, Teshil-

Badharghat,

Revenue

Circle-Dukli,

Sub-Division

Bishalgarh, Mouja- Badharghat, PS. Amtalli, Khatian No.

1821, Jer Khatian No. 1821/1, 1821/2, C.S Plot No.5674,

5675, 5676, 5677, 5678