BINOD BIHARI MANNA Vs. BIBHUTI BHUSAN MANNA

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the Decree and judgment dtd. 30/7/2019 passed by Additional District and Sessions Judge 1st Track Court , Basirhat in Title Appeal No. 32 of 2015, arising out of the judgment and decree dtd. 24/6/2015 passed by the learned Civil Judge (Senior Division), Basirhat in Title Suit No. 60 of 2001, the defendant/appellant has preferred the present second appeal before us.

(2.) Plaintiffs case in brief is that by way of several deeds plaintiff No. 1 to 3 and defendant No. 1 by separate deeds got 39 satak of land in the suit property and enjoying by way of amicable arrangement, their respective portion after raising constructions, and planting trees. Plaintiffs asked defendant for making partition of the suit property by metes and bounds, in terms of settlement deed dated 1st Falgun 1407 B.S., but the defendants did not agree and defendant No. 1 thereafter threatened the plaintiffs that he would dispossess them from the suit property and would cut down the trees planted therein and for that reason, plaintiff filed the suit for partition.

(3.) Defendant No. 1 contested the suit by filing written statement and contended that about 18 to 19 years ago he acquired 15 satak of land adjacent to the main road and has raised construction after incurring huge expenditure. Further case of defendant No. 1 is that subsequently he acquired 14 satak of land form plaintiff No. 3 by way of oral ewaz and he is enjoying that land. Accordingly defendant No. 1 has got separate allotment in respect of the said 29 satak of land including said 14 satak of land which he acquired by way of oral ewaz with plaintiff No. 3.