TARJEN MONDAL Vs. PRITHIRAJ MONDAL

JUDGEMENT

(1.) This revisional application is directed against an order no. 33 dated 27.4.2009 passed by the Civil Judge (Junior division), 1st Court, Contai in Title Suit no. 32 of 2006.

(2.) The plaintif/petitioner filed a suit for declaration of the title and permanent injunction. It is contended by the petitioner in the plaint of the said Title Suit no 32 of 2006 that on the basis of the unregistered amicable family settlement/partition one of the original owner namely Kailash possessed Ka schedule property and upon the death of the said Kailash the property devolved upon his widow and three sons who subsequently sold the property to one Prabhabati. Upon the death of Prabhabati her two sons namely Chittaranjan and Vimcharan executed a deed of exchange amongst themselves and the suit property came to be possessed and owned by Chittranjan and after his death his son namely Tarjen is occupying the same.

(3.) The defendant/opposite parties disputed the said contention of the petitioner in the written statement.