PRASANTA MAJI Vs. SUKHBINDAR SINGH

JUDGEMENT

(1.) The suit before the learned court below was for declaration of title of the appellants/ plaintiffs (the appellants) and for partition of a property claimed to be jointly owned and possessed by them and the respondents/defendants (the respondents).

(2.) The subject matter of dispute is a parcel of about 53 decimals of land situated at Mouza - Barisha under P.S - Kolaghat in the district - Purba Medinipur. The appellants say that the appellant Nos.1 to 7, the five sons and two daughters of Bhupati Majhi inherited intestate from their father 18 decimals. The other appellants 8 to 14 have inherited 17 decimals from Jugal Chandra Maiti. All this adds upto 35 decimals. The appellants also say that the respondent No. 1, Sukbinder Singh is the owner of 18 decimals of land out of which he has transferred some part to his minor children the respondent Nos. 2 and 3.

(3.) In this suit for declaration and partition, an interim application was moved by the appellants to restrain the respondents from making any construction on the land. The appellants say that such is the speed of construction undertaken by the respondents that if they are not restrained by the court, they will make construction over the entire parcel of land, to their great prejudice.