PARAMITA DAS Vs. PRANATI SARKAR

JUDGEMENT

(1.) Petitioner/Defendant No. 4 has filed the instant application for review of the judgment and order passed by this Court on 27-3-2000 in F.A. No. 395 of 1984 arising out of Title Suit No. 20 of 1971 of the Fifth Court of the learned Subordinate Judge, Alipore, South 24- Parganas.

(2.) The facts leading to the instant application for review may briefly be narrated thus. An appeal being F.A. No. 395 of 1984 was preferred by the appellants against the judgment and decree dated 9-3-83 passed by the learned Subordinate Judge, 5th Court, Alipore in a final decree proceeding in Title Suit No. 20 of 1971. The original defendant No. 2 was the appellant on whose demise his heirs have been substituted in his place. Premises No. 63 is a dwelling house and a part of the said premises had been allotted to the appellant. There is ony one stair case which had been allotted to defendant No. 4. It was submitted by the learned Advocate for the Appellant in the course of hearing of the appeal that as some rooms in the first floor had been allotted in favour of his client, the stair case ought to have been kept joint and in support of the said contention reliance had been placed on Miras joint property and partition at Page 361 wherein the law in this regard had been stated in the following terms :

(3.) Reliance had also been placed on Shantaram Balkrishna v, Waman Gopal Wadekar reported in AIR 1923 Bombay 85 and Dina Nath v. Mansa Ram reported in AIR 1973 Pun] and Har 253 in this regard. While deciding the appeal, the Division Bench fully analysed the matter in the light of the principles of law mentioned in its judgment and held that the stair case in question should remain joint and the decree of the learned Court below has been modified to the extent that the stair case in question shall remain joint.