NIHAR BHOWMIK Vs. BHABANANDA BHOWMIK

JUDGEMENT

(1.) The appeal arises from the order passed by Civil Judge, Sr. Division, Court No.2, West Tripura, Agartala on 13/9/2021 in Civil Misc (Review) 05 of 2017 in Title Suit (Partition) 52 of 2015. Said court while reviewing its judgment dtd. 6/12/2016 in Title Suit (Partition) 52 of 2015 recalled the same along with the preliminary decree and subsequent final decree drawn thereupon, with the following observations:

(2.) Thus, at the first blush, it appears that the trial court set aside the judgment of preliminary decree and subsequent final decree drawn thereon in said suit but did not proceed further to decide the suit afresh.

(3.) The reasons for such review as shown by the trial court is that one Lt. Chandra Kumar Bhowmik left certain properties which were inherited by his 5[five] sons, namely Sadananda Bhowmik (now deceased), Sri Dayananda Bhowmik, Sri Rabindra Bhowmik, Sri Krishnananda Bhowmik and Sri Bhabananda Bhowmik [review petitioner]. The said property was stated to have been purchased in the name of late Sadananda Bhowmik by his father when he was minor and thereafter, based on deed of family arrangement, earlier another judgment was passed and decree was drawn previously in another suit bearing No. T.S. 80 of 1995 wherein each of the legal representatives of said Late Chandra Kumar Bhowmik got certain specific properties as per their share. Later on, all the legal heirs of Late Sadananda Bhowmik instituted a suit being T.S.(P) 52 of 2015 against one of their brother, namely Tapash Bhowmik and his some tenants seeking partition of the land of their deceased father which was decreed by the above said judgment dtd. 6/12/2016 and the trial court based its decision mainly on the finally published Khatian standing in the name of legal representatives of said Sadananda Bhowmik in respect of the suit land of that suit.