BARUN ROY Vs. SOURENDRA KR. RAY & ORS.

JUDGEMENT

(1.) The defendant No. 6 is the appellant in this appeal. A suit for partition was filed by the plaintiff respondent No. 1 - in respect of a property measuring 15 cottahs 8 chittaks and 29 square feet together with a three-storeyed building standing thereupon and out-house, garages etc. being the Municipal Premises No. 3/1 Heysham Road, Bhowanipore Calcutta. The plaintiff in the said suit claimed ⅓rd share in the said property. The fact that the plaintiff had ⅓rd share in the property is not in dispute. It is also not in dispute that the defendant No. 1 had ⅓rd share in the property. It is also not in dispute that the other defendants have ⅓rd share of the property as per the geonological table.

(2.) Although it appears that various suits were filed in respect of the property held by the parties, the questions which now boil down are :

(3.) It may be noticed that the details of the properties purported to be situated at Jalpaiguri had not been stated.