APURBA CHAKRABORTY Vs. TAPAN CHAKRABORTY

JUDGEMENT

(1.) This is an appeal filed under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment dtd. 9/4/2018 and decree dtd. 23/4/2018 passed in T.S.(Partition) 13 of 2015 by learned Civil Judge (Senior Division), Udaipur, District: Gomati Tripura.

(2.) The facts leading to this appeal are that respondent No.1 being the plaintiff preferred the suit seeking partition and separate possession of ancestral landed property of himself and the defendants-respondents No.2 to 18 (hereinafter called the respondents) as inherited from Nagendranath Chakraborty (since deceased) in respect of the land as described in 'Schedule A' of the pliant measuring 3.50 acres recorded in Khatians No.432(1 to 3) mouza Uttar Chandrapur, Tehshil: Matarbari, Sub-division, Udaipur, District: Gomati Tripura.

(3.) Sri Nagendra Chakraborty owner of land measuring 4.32 acres of land as detailed in 'Schedule A' of the pliant died intestate on 14/11/1977 AD leaving behind his legal heirs namely, i) Smt. Haimabati Chakraborty-wife, ii) Sri Manmatha Nath Chakraborty-son, iii) Sri Gopesh Chakraborty-son, iv) Sri Shilesh Chandra Chakraborty-son, v) Sri Paresh Chandra Chakraborty-son, vi) Smt. Snehalata Chakraborty-Daughter, vii) Smt. Amiya Bala Chakraborty-daughter, viii) Smt. Mira Chakraborty-daughter.