PRANABENDU DAS Vs. JYOTIRMOY DAS

JUDGEMENT

(1.) Heard Mr. S. M. Chakraborty, learned senior counsel assisted by Ms. P. Sen, learned counsel appearing for the appellant as well as Mr. D. C. Roy, Mr. J. Das and Mr. N. Majumder, learned counsel appearing for the respondents.

(2.) Deceased Jagadananda Das owned and possessed certain properties within the State of Tripura and more specifically at Agartala. The parties to the lis are his legal heirs i.e. five sons and one daughter. On 8th of November, 2006 one of the sons namely, Pranabendu Das filed a suit seeking partition of such properties. The trial court vide judgment dated 10th of November, 2017 passed in Title Suit (P) No.68 of 2006 having titled as Sri Pranabendu Das vs. Sri Jyotirmoy Das and Ors . adjudicated the rights of the parties by passing of preliminary decree in the following terms: "9. In the result, the suit stands decreed partly on contest without cost. The suit land as described in schedule A and B are liable to be partitioned in 1/6th equal share each between the parties in exclusion of the land gifted to the defendant No.2 (Bijoy Das) on the strength of gift deed bearing No.1-2707 dated 02.06.1995 (Exbt-A) and also in exclusion of the land transferred to the defendant Nos.1 and 3 (Jyotirmoy Das and Nabendu Das) vide the sale deed bearing No.1-902 dated 20.01.2005 (Exbt-E) and the sale deed bearing No.1- 903 dated 20.01.2005 (Exbt-F). However, the boundaries or specification of the land given in those deeds will have no effect. The revenue records if any prepared on the strength of Exbts. A, E and F will also have no effect. Defendant No.1, 2 and 3 being transferee's will be entitled to the share proportionate to the land as transferred by way of gift/sale. To be more specific firstly the land transferred on the strength of Exbts. A, E and F be allotted to the defendant Nos.1, 2 and 3 proportionate to the quantum of land mentioned therein and thereafter remaining pat of the A. and B schedule land shall be divided in 1/6th equal share each. Since the parties have constructed their respective dwelling huts on the A and B schedule land, the possession of the parties may not be disturbed as far as practicable. However, such an order shall not be an embargo in disturbing the possession of the parties while equalizing the value of shares. Parties to the suit to make partition of both A and B schedule land according to their shares as declared herein- above by metes and bounds within a period of two months. Failing which each party to the suit shall be at liberty to approach this court to have the final decree in accordance with law."

(3.) During the pendency of the present appeal, so preferred by the plaintiff, this Court on the basis of mutually agreeable arrangement, requested Sri D. K. Biswas, Advocate to make an endeavour of having the matter amicably resolved. During the conciliation, all claims by the parties in respect of the land attracted by the gift deed bearing No.1-2707 dated 02.06.1995, (Exbt.A), the sale deed bearing No.1-902 dated 20.01.2005 (Exbt.E) and the sale deed bearing No.1-903 dated 20.01.2005 (Exbt.F) have been abandoned. The land covered by those deeds (Exbt.A, Exbt.E and Exbt.F) are to be excluded from the land described in the Schedule A and B. For purpose of reference Schedule A and B are reproduced hereunder: SCHEDULE-A District-West Tripura, Pargana - Agartala, P.S. - West Agartala, Sub-Registry and Sub-division - Sadar, Agartala Sheet No.2, C. S. Khatian No.13455 consisting of Plot No.1227/1228 land measuring 8 Gandas, 2 karas and 17 Dhurs. SCHEDULE-B District-West Tripura, Pargana - Agartala, P.S. - West Agartala, Sub-Registry and Sub-division - Sadar, Agartala Sheet No.2, C. S. Khatian No.13455 consisting of Plot No.1219, 1222, 1223 and 1224, land measuring 2 karas and 9 Dhurs. The lands of the Schedule-A and B though purchased by 2(two) separate Deeds became a compact land after purchase and is bounded:- In the North - Sri Dilip Debnath In the South - Ramnagar Road No.7 In the East - Legal heirs of Sailesh Datta In the West- Legal heirs of Nani Ghosh Within this boundary total land measuring 10 Gandas 2 karas 1 Kranta and 6 Dhurs." Mr. Biswas has restricted the division of plots as amicably resolved to the land in exclusion of the land attracted by those deeds (Exbt.A, E and F).