SAMARENDRA NATH SANKI Vs. MINOR BISWANATH PATRA

JUDGEMENT

(1.) This second appeal is against the judgment and decree passed by the learned Additional District Judge, 2nd Court, Howrah, in Title Appeal No. 13/74 reversing those of the learned Subordinate Judge, 3rd Court, Howrah, in Title Suit No.9 /70.

(2.) The facts, which are relevant for deciding this second appeal, may be briefly stated as follows : The plaintiffs-respondents have filed this Title Suit No.9 /70 praying for partition of the joint properties impleading the co-sharers Panchanan Patra and others and the transferees of the co-sharers. Before the learned trial Judge the defendants Nos. 5-8 contested the suit by filing written-statement. They took the plea that there was a previous partition between the parties and as a result thereof, they purchased the portion allotted to the co-sharers by virtue of such previous partition and the plaintiffs' suit for partition is therefore, not maintainable.

(3.) The learned Subordinate Judge upheld the contention of the contesting defendants and dismissed the suit for partition as not maintainable accepting the contention of the defendants that there was a previous partition.