SUPRIYA KUMAR GOOPTU Vs. ALOKA GOOPTU

JUDGEMENT

(1.) Three brothers namely Amiya Kumar Gooptu, Supriya Kumar Gooptu (plaintiff No.1) and one Saibal Kumar Gooptu, jointly owned and possessed an area of land measuring about 1 Bigha, 3 Chittacks and 41 Sq. Ft with a four storeyed building built up on a portion thereof along with certain other structures standing thereat being Municipal Premises No. 7A, Prafulla Chandra Sen Sarani (formerly known as Middleton Street), Kolkata-700071 (hereinafter referred to as the 'said property'). Subsequently, the four storeyed structure was demolished as required and new construction of separate lots by the joint owners as agreed between themselves were made but the premises number remained the same, and as such is referred to as the said property.

(2.) As appears from the registered deed of partition dated 30th September, 1997 (Exhibit A) that a Memorandum of Understanding dated 7th February, 1985 and a Supplemental Memorandum of Understanding dated 9th November, 1987 were entered into by the said three brothers, Amiya Kumar Gooptu, Supriya Kumar Gooptu and Saibal Kumar Gooptu, by and under which it was agreed that the said property would be partitioned and divided by metes and bounds amongst them. As per such understanding Lot D measuring 4 cottahs, 9 chittacks 35 sq ft. of the said property was allotted to the said Amiya Kumar Gooptu, Lot C measuring 4 cottahs, 3 chittacks 14 sq ft. of the said property was allotted to the said Saibal Kumar Gooptu, Lot B measuring 4 cottahs, 4 chittacks 15 sq ft. of the said property was allotted to the said Supriya Kumar Gooptu and Lot A measuring 2 cottahs, 14 chittacks more or less of the said property with a four storeyed building standing thereat along with a common passage (hereinafter referred to as the suit property) was agreed upon to remain in common ownership of the said Amiya Kumar Gooptu, Supriya Kumar Gooptu and Saibal Kumar Gooptu.

(3.) Lot A, B, C and D were subsequently numbered as Premises No. 7A/1A, 7A/1B, 7A/1C and 7A/1D Middleton Street (now Prafulla Sen Sarani) Kolkata-700071 respectively. The suit property, Lot A that is premises no. 7A/1A more fully described in the schedule of the plaint is the subject matter of the instant partition suit.