PUTUL BHATTACHARJEE Vs. SUDARSHAN BHATTACHARJEE

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 30/10/2017 passed by the learned Civil Judge (Senior Division) at Siliguri in Partition Suit No. 147 of 2010 (Smt. Putul Bhattacharjee and Ors. Vs. Sri Sudarshan Bhattacharjee and Ors.) whereby the learned court was, inter alia, pleased to reject the plaint by allowing an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (in short, the Code) filed by the respondent no. 1 herein, who is also the defendant no. 1 in the suit.

(2.) Assailing the judgment and decree, as aforesaid, the instant appeal has been filed by the appellants, who are the legal heirs of the original plaintiff no.1.

(3.) The original plaintiff no. 1 along with the plaintiff no. 2 had filed the suit, inter alia, claiming partition of the suit property. It is the appellants' case that one Jnanesh Chandra Bhattacharjee (in short, Jnanesh), since deceased was the absolute owner and was in possession of all that landed property measuring 6 cottahs 8 chittacks more or less, situate at Subash Pally, Ward No. 20 under Siliguri Municipal Corporation. Jnanesh died intestate on 27/12/1968 leaving behind, his widow Prativa Devi and six sons namely Sudarshan, Santosh, Susanta, Sukumar, Subash and Subrata as his legal heirs and successors. Prativa Devi having died intestate, six sons of Jnanesh jointly inherited the suit property in equal share and as such the plaintiffs and the defendants are co-owners of the suit property, each having one-sixth share therein.