RAM COOMAR BANGUR Vs. BIDYUT KUMAR GHOSH

JUDGEMENT

(1.) This appeal arises out of a suit for partition. The subject-matter of partition is only one item of property, namely, Touzi No. 40 of the Collectorate of 24-Parganas. Admittedly, Appellant Ram Coomar Bangur, who was the sole Plaintiff in the Trial Court, had two-thirds share in this touzi and the remaining one-third share belonged to the Defendants in the Trial Court. The Plaintiff prayed for partition of this Touzi under the provisions of Section 54 and Order 20, Rule 18 of the Code of Civil Procedure on a declaration that the partition effected under the provisions of the Estates Partition Act by revenue authorities was illegal and ultra vires.

(2.) The suit was contested by the Defendants. The only material defence with which we are concerned at present is that partition was effected according to the provisions of the Estates Partition Act and it is valid and binding upon all the proprietors and is not liable to be questioned in a Civil Court. This defence was given effect to by the Court below and the suit of the Plaintiff was dismissed. So the Plaintiff has preferred this appear.

(3.) The only point requiring our decision in this appeal is: was the partition effected by the revenue authorities valid and funding upon the proprietors and is a suit for partition maintainable in the Civil Court".