MANNALAL ROY Vs. SRIBASH ROY

JUDGEMENT

(1.) This second appeal has been preferred under Section-100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 01.12.2016 passed by the learned District Judge, North Tripura, Dharmanagar in T. A. No. 06 of 2015 titled as Sri Motilal Roy and three others, appellants v. Sribash Roy and five others, the principal respondents and Smt. Swapna Rani Roy and 6 others, proforma respondents, whereby and whereunder, the learned District Judge dismissed the appeal holding the appeal was devoid of merit upholding the judgment and preliminary decree dated 02.05.2015 and 08.05.2015 respectively passed by the learned Civil Judge Sr. Division, Dharmanagar, North Tripura, in Title Suit (Partition) No. 32 of 2013 wherein, the learned trial Judge passed the preliminary decree on contest with costs. Motilal Roy being died during the pendency of the appeal has been substituted by his legal heirs as 1(a) to 1(d) and accordingly, the cause title of the memo of appeal has been corrected.

(2.) Factual matrix:

(3.) Having heard the submissions of the learned counsel appearing for the parties and on consideration of the materials on record, the learned trial Court passed a preliminary decree for partition of the suit land vide judgment dated 02.05.2015 declaring the plaintiff Nos. 1 to 6 are jointly entitled to get 1/8th share out of the suit land i.e. 36.25 satak being the share of deceased original plaintiff, Pramila Roy.