RABINDRA KUMAR DAS Vs. NRIPENDRA KUMAR DAS

JUDGEMENT

(1.) THIS civil appeal under Section 96 read with Order XLI, Rule 1 of the Code of Civil Procedure 1908 is directed against the judgment and decree dated 18.04.2011 (decree signed on 25.04.2011) passed by learned Civil Judge, Sr. Division, Udaipur, South Tripura in Title Suit (partition) 17 of 1999.

(2.) HEARD learned Sr. counsel Mr. A.K.Bhowmik assisted by learned counsel Mr. S. Dutta and Ms. A. Banik for the appellants and learned Sr. counsel Mr. D. Chakraborty assisted by learned counsel Mr. H. Laskar for the respondents.

(3.) RESPONDENT No.1 and his father Surendra Kumar Das, since deceased [the predecessor of respondent Nos. 2(a) to 2(f)], as plaintiffs (hereinafter mentioned as plaintiffs), filed Title Suit (partition) 17/99 in the Court of Civil Judge, Sr. Division, South Tripura, Udaipur against the appellants herein, arraying them as defendants (hereinafter mentioned as defendants) and prayed for partition of the suit land measuring 5.40 acres mentioning in Schedule -A of the plaint. Schedule -B and Schedule -C are part and parcel of Schedule -A land. Schedule -A land is a big pond with its banks and other attached vacant lands and Schedule -B land is a part of Schedule - A land wherein three small ponds were made and Schedule -C land is also a part of Schedule -A land where the plaintiff No.1 constructed his house under an agreement with the defendants.