BAKUL ACHARJEE Vs. RAKHAL CH. ACHARJEE

JUDGEMENT

(1.) This appeal is filed by the original defendants No.1 and 2 to challenge a portion of the preliminary decree passed by the learned Civil Judge (Sr. Division), Court No.4, West Tripura, Agartala dated 24th September, 2019. Relevant portion of which reads as under :

(2.) The suit was filed by the respondent No.1 herein for partition of the suit land. Schedule-A to the plaint pertained to a total of 8 gandas of land. Schedule-B was a land admeasuring 5 gandas 1 kara 1 kranta out of the total 8 gandas of land mentioned in Schedule-A. According to the plaintiff, Schedule-B property was gifted to him and his brother who happened to be the father of defendant No.2 and husband of defendant No.1. The plaintiff and the said two defendants would thus receive equal share out of Schedule-B property. The remaining land of Schedule-A after subtracting the land portion of Schedule-B, even the plaintiff agreed would go to defendant No.4.

(3.) Learned advocates appearing for the present appellants i.e. original defendants No.1 and 2, respondent No.1 i.e. original plaintiff and respondent No.3 i.e. original defendant No.4 all agreed to this formula. Despite this, it appears that the trial Court has erroneously partitioned entire Schedule-A property equally in 1/3rd share between the said 3 groups of persons. Learned advocates appearing for all parties agree that the above mentioned formula of partition would represent the correct legal position.