SANDHYA RAJAK Vs. GHANASHYAM RAJAK

JUDGEMENT

(1.) The challenge in the present appeal is against the order and/or decree dtd. 28/9/2015 passed by the learned Civil Judge, Senior Division, 2nd Court, Asansol in T.S. no. 1137 of 2014 whereby the suit has been dismissed ex parte.

(2.) One Sandhya Rajak and her two sons, all being legal heirs of one Raj Narayan Rajak (in short, Raj Narayan), since deceased filed one suit for partition, which was registered as T.S. no. 1137 of 2014, against one Ghanashyam Rajak contending, inter alia, that the suit property originally belonged to one Kamala Devi, who transferred the same in favour of Smt. Charanjit Kaur by virtue of one registered deed of permanent lease vide.no. 2363 of 1982.

(3.) Raj Narayan and Ghanashyam were the tenants under Kamala Devi and they used to conduct a laundry-business jointly in the suit premises and subsequently they became bona fide tenants under Charanjit and later Charanjit transferred the suit property in favour of Raj Narayan and Ghanashyam by executing two separate deeds of sale vide. Nos. 728 dtd. 14/2/1984 and 723 dtd. 9/2/1984 and it was claimed that Raj Narayan and Ghanashyam constructed first floor on the suit premises from the joint fund of laundry-business.