JAI KUMAR KARNANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and decree passed by learned Additional District Judge, 4th Court, Howrah in Title Appeal No. 12 of 2017 affirming thereby the judgement and decree passed by learned Civil Judge, Senior Division, 3rd Court, Howrah in Title Suit No. 64 of 1975, dismissing the said suit.

(2.) For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

(3.) Briefly stated, one Chandmull Karnani was the absolute owner of the 'A' and 'B' schedule properties, who was governed by Mitakshara School of Law. After his demise his eldest son Indra Kumar Karnani stepped into his shoes. Sometime in the year 1955, Suraj Kumar Karnani, another member of Hindu undivided family, filed a suit for partition of the joint Hindu family properties which was decreed on compromise on 29/10/1975 and the suit properties described in schedule 'A' and 'B' were allotted to Indra Kumar Karnani, the eldest son of Chandanmull Karnani as karta of the said branch of the family.