ARUN DAS Vs. APARNA DAS

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dated 27.04.2018 passed by the learned Addl. District Judge, Court No.4, Agartala, West Tripura in T.A. No. 31 of 2015 dismissing the first appeal affirming the original judgment and decree dated 18.06.2015 passed in T.S. (P) 144 of 2012 by the Court of learned Civil Judge Sr. Division, Court No.2, Agartala, West Tripura, decreeing the suit in favour of the respondent-plaintiff.

(2.) The respondent-plaintiff (hereinafter referred to as the plaintiff) had instituted a suit for partition of the suit land mentioned in the schedule of the plaint. It is the case of the plaintiff after her marriage with the defendant they jointly purchased the suit property by a registered sale deed No.1-3742 dated 11.12.2007. The plaintiff further alleged that on 27.07.2012 her husband i.e. the respondent herein, had entered into second marriage and drove her out from her matrimonial home.

(3.) At the time of institution of the suit, she had been residing at her parental house with great hardship having no source of income. The plaintiff had approached the husband-defendant to partition the suit land in equal share i.e. 50:50 ratio, but, the respondent did not pay any heed to it. Hence, she had claimed partition of the suit land described in the schedule of the plaint.