KANAK PRAVA DAS Vs. PRAHLAD KUMAR MAITY

JUDGEMENT

(1.) This Court has heard the learned Advocates for the respective parties. The respondent Nos. 1 and 2 as plaintiffs filed a suit for partition against the defendant No. 1/appellant and the defendant Nos. 2 and 3/proforma respondent Nos. 3 and 4. Such suit was numbered as Title Suit No. 22 of 2005 and was placed before the learned Civil Judge (Senior Division), 2nd Court, Contai.

(2.) It appears that the said suit was initially numbered as Title Suit No. 121 of 2003. The plaintiffs/respondents filed the said suit for preliminary decree for partition in respect of the property described in Schedule Ka/1 to the plaint which the plaintiffs claimed they had purchased from one Alokranjan Sinha and Krishnarani Mondal by a registered Deed of Sale. The total property has been described in Schedule Ka to the plaint.

(3.) It appears that Schedule Ka/1 property is part of the Ka Schedule property. The Ka Schedule property, according to the plaintiffs, originally belonged to one Amarendra Nath Pal and after his death, his legal heirs, namely, Sourindranath Pal, Haimabati Sinha and Indumati Pal and Kanak Prova Das inherited the said property in equal shares.