SARADA BALA ROY Vs. GOURANGA CHANDRA ROY

JUDGEMENT

(1.) The present second appeal challenges the concurrent findings of the two courts below which was instituted by the plaintiff- respondent No.1 seeking partition of the ejamli land inherited by the father of the appellants as well as the father of the respondents.

(2.) Heard Mr. DK Biswas, learned counsel appearing for the defendant-appellants (hereinafter referred to as defendants) as well as Mr. BN Majumdar, learned counsel appearing for the plaintiff- respondents (hereinafter referred to as plaintiff). Both the appellants and the respondents have filed their respective written arguments apart from their respective oral submissions.

(3.) The genealogy related to the suit property, in a short compass, is that the suit land measuring 2.54 acres, as described in the schedule, originally belonged to one Tripura Sundari Kapali, the great-grandmother of the respondents (hereinafter referred to as the plaintiffs) and the defendant-appellants No. 2,3&4 and on the death of the original owner, her right, title and interest over the suit property and other property devolved upon her three sons, namely, Ramesh Roy (Kapali), Mahesh Roy (Kapali) and Banamali Roy (Kapali) and in the subsequent period, the suit property was partitioned amicably among the three brothers and the suit property of the original owner was allotted to the share of Mahesh Roy (Kapali) who died intestate leaving behind two sons, namely, Lt. Manmohan Roy and Lt. Lalmohan Roy and both of them inherited the suit property in equal share. Lt. Manmohan Roy was the father of the plaintiff-respondents and Lt. Lalmohan Roy was the husband of the defendant No.1, Smt. Sarada Sundari Roy (now deceased) and father of the defendant-appellants No.2, 3 & 4.