SUNIL KRISHNA KUMAR Vs. GADADHAR CHAKRABARTY

JUDGEMENT

(1.) On the 17th Dec., 1942, the plaintiff purchased 8 annas share in the disputed tank in a court sale. Subsequently, on the 6th June, 1953, he acquired 6 annas share in that tank from one Nitya Gopal Mukherjee by a sale deed. The plaintiff's suit is for partition of his 14 annas share in the tank in question.

(2.) Defendant No. 2 filed a written statement stating that the tank could not be partitioned.

(3.) The learned Munsif rejected the defendant's contention and decreed the suit Defendant No. 2 preferred an appeal and lost the same and hence this second appeal.