(1.) This second appeal under Sec. 96 of the CPC arises out of the judgment and decree dtd. 1/5/2019 passed by the learned Civil Judge (Senior Division), Court No. 2, West Tripura, Agartala in case no. T.S. (Partition) 22 of 2006.
(2.) Facts in a short compass are that, the three sisters and the defendant are the daughters and son of the deceased Santosh chandra Pal. The plaintiffs i.e. daughters of late Santosh chandra Pal had requested on repeated occasions to their brother, Biswajit Pal i.e. the sole-defendant of the instant suit to partition the movable and immovable properties left behind their father, late Santosh chandra Pal at Agartala as well as two flats in Kolkata.
(3.) After exchange of pleadings, issues were framed. On the basis of issues, evidences were led by the parties to the suit. Some documents were introduced relating to the properties in question. After completion of recording evidences and having heard the learned counsel appearing for the parties, the learned trial Judge decreed the suit in favour of the plaintiffs, which is as under: