(1.) Challenge in this appeal is to the judgement and decree passed by learned Additional District Judge, 1st Court, Jangipur, Murshidabad in Title Appeal No. 14 of 2013 passed on 16/3/2016; by the impugned judgement learned Appellate Court was pleased to set aside the order of dismissal passed by learned Trial Court dtd. 27/9/2012 and decreed the suit in the preliminary form.
(2.) For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.
(3.) Briefly stated, depicting himself as son of Chabi Rani Bhadra and Aswini Bhadra, the plaintiff filed the suit for partition stating, inter alia, that Chabi Rani Bhadra was the original owner of the suit property which was acquired by purchase and Chabi Rani died intestate on 15/3/1984 and she was survived by her husband Aswini and son Dilip Kumar Bhadra who thus acquired the property by inheritance.