TAPAN KUMAR MONDAL Vs. NETAI GOBINDA DUTTA

JUDGEMENT

(1.) This second appeal is directed against judgment and decree dated 30th August, 2006 passed by learned Additional District Judge, Fast Track Court, Bolpur in Title Appeal No. 14 of 2005 confirming the judgment and decree of dismissal dated 8th October, 1999 passed by learned Civil Judge (Senior Division), Bolpur in Title Suit No. 8 of 1997.

(2.) The present appellant as plaintiff filed Title Suit No. 8 of 1997 in the Trial Court alleging that the suit plot being R. S. plot No. 3081 /4886 measuring about six decimals belonged to Hrisikesh Dutta. Hrisikesh Dutta died leaving behind four sons namely Siba Prasad Dutta, Kashinath Dutta, Ramrenu Dutta and Bholanath Dutta.

(3.) They inherited 1/4th share each in said property and started to possess in ejmal. Siba Prasad Dutta transferred his undivided half share to the appellant plaintiff (Tapan Kumar Mondal) by two deeds dated 27th August, 1992. Ramrenu Dutta died intested and his property devolved upon his son Radhagobinda and wife Priti. Radhagobinda sold his half share to one Santi Roy on 26.05.1994. Bholanath Dutta died leaving behind four sons namely Gour Gopal Dutta, Dol Gobinda Dutta, Ganesh Dutta and Prasanta Dutta who sold their undivided half share to one Renuka Roy by deed dated 26th May, 1994. Kashinath Dutta also died and on his death his sons sold their share to Santi Roy. The appellant plaintiff Tapan Kumar Mondal is carrying on business in one room standing on his purchased land but as he was facing difficulty in ejmal property he filed said suit (Title Suit No. 8 of 1997) praying for partition.