SK. LITON Vs. SK. JOMRUL ISLAM

JUDGEMENT

(1.) Judgment and decree passed in preliminary form on 27/7/2016 by the learned Civil Judge, Senior Division, Malda in Partition Suit no. 281 of 2008 have been impugned in this instant appeal. By the said judgment and decree the learned Court below declared that the "plaintiffs have jointly 4.80 decimals of land and the defendant nos. 1 and 2 jointly 5.2 decimals of land in the suit schedule property' and ordered to effect partition of the suit property in terms of the share declared.

(2.) Factual conspectus giving rise to this appeal is that plaintiffs/respondents herein filed one suit for partition and separate possession of the suit property before the learned court below stating inter alia that one Jhumuklal Mondal and Thakru Mondal owned and possessed the property, mentioned in schedule "Ka' appended to the plaint, in equal share and their names were duly mutated in R.S. R-O-R. Jhumuklal died leaving behind two sons namely, Raju Mondal and Dhiren Mondal and Thakru Mondal died leaving behind only one son, namely, Gopi Mondal who sold out the suit property to Santi Chironia, defendant no. 1/ proforma-respondent no.3 herein (hereinafter referred to as Santi) by virtue of one deed vide. no. 2325 on 1/5/1958. Santi thereafter sold out 4- dec. of specifically demarcated land mentioned as "Kha' schedule property appended to the plaint, from the "Ka' schedule property to Chance Housing and Industrial Finance Company Limited (hereinafter referred to as Chance Housing) represented by its Managing Director, M.A. Malik on 18/11/2012 by 10 (ten) numbers of deed vide. nos. 11023 to 11032 and thereafter Chance Housing sold out "Kha' schedule property to the plaintiffs by virtue of one deed vide. no. 5294 on 29/8/2008. Santi also transferred some portion of land from "Ka' Schedule property to the defendant no. 2 and it was claimed that the defendant nos. 3 to 12 therein have no right, title and interest in "Ka' and "Kha' schedule properties and even Santi has no right in "Kha' schedule property. It was also contended that the defendant nos. 3 to 12 in connivance with Shanti had been disturbing the peaceful possession of the plaintiffs and threatening to evict them from "Kha' schedule property and hence, the plaintiffs filed the suit seeking decree of declaration, permanent injunction and partition.

(3.) Record reveals that defendant nos. 1, 6, 7 and 8 and the defendant nos. 3, 4, 5, 10 and 12 resisted the suit by filing two separate written statements. In both the written statements, the contesting defendants in the same tune specifically contended that actual area of "Ka' schedule property was 10 dec. not 32 dec. as was claimed in the plaint and Shanti sold out 4- dec. of land (out of 10 dec.) to Chance Housing, a company conducting banking business in different places in Malda and collected money from different people on fixed terms. Chance Housing failed to return money to its customers and it shut down its offices and the company officials fled away and people who deposited money in Chance Housing and the defendants took possession of the Chance Housing company's land measuring 4- dec. ("Kha' schedule property). Subsequently the said company stood dissolved and that the plaintiffs' deed is forged and said deed has not been acted upon.