LAWS(TRIP)-2022-3-56

SUNANDA BANIK Vs. BIMAL BANIK

Decided On March 11, 2022
Sunanda Banik Appellant
V/S
Bimal Banik Respondents

JUDGEMENT

(1.) As we had heard Mr. K. Datta, learned counsel representing the appellants substantially on 4/2/2022, we proceeded to hear Mr. B. Saha, learned counsel for the respondent.

(2.) This is an appeal filed under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment dtd. 29/8/2019 and decree dtd. 7/9/2019 passed by the learned Civil Judge, Senior Division, Court no. 1 in case No. Title Suit (Partition) 36 of 2018.

(3.) Considering the arguments, as advanced by Mr. Datta, learned counsel, we have perused the judgment passed by the learned trial court. The present suit instituted by the plaintiffs is a suit for partition concerning the suit land measuring 0.0830 acres. It is a very small piece of land, but, sharers are more compared to the land. Here we find there are eight co-sharers. Having considered the land in question and the number of co-sharers, the learned trial court had observed thus: