LAWS(TRIP)-2024-2-3

SAJAL DATTA Vs. KAJAL DATTA

Decided On February 12, 2024
SAJAL DATTA Appellant
V/S
Kajal Datta Respondents

JUDGEMENT

(1.) The Judgment dtd. 29/8/2022 passed by the learned District Judge, South Tripura, Belonia in Title Appeal No. 04/2021 and consequent decree thereof are under challenge in the second appeal on the following substantial question of law:

(2.) Originally one Sri Srimanta Kumar Datta (original plaintiff i.e. predecessor of present appellant and respondents), Sri Hemanta Kumar Datta (Proforma respondent No.6), and Lt. Sri Sudhir Chandra Datta (predecessor of proforma respondents 7(a), (b)(i-iii), were three brothers. Said original plaintiff filed the involved suit bearing TS(P) No.50/2014 against his said brother Sri Hemanta Kumar Datta and legal representatives of his deceased brother Sri Sudhir Chandra Datta and also impleaded one of his sons, i.e. the appellant, as defendant therein, praying for partition of the suit land consisting of five numbers of plots of total area 1.77 acre (emphasis laid).

(3.) During pendency of the suit, Srimanta Kr. Datta died and his legal representatives excluding the present appellant were also substituted in his place. His source of claim over the suit land was that he along with his other two brothers were in possession of the entire suit property of 1.77 acre and proper management and development of the land required partition of the same and therefore the suit.