SWAPAN KUMAR MAJHI Vs. NARAYAN CHANDRA MAJHI

JUDGEMENT

(1.) An instant appeal arises from a judgment and decree dtd. 23/4/2014 passed by the learned Civil Judge (Senior Division) Ghatal in title suit no. 29 of 2008 whereby and whereunder the suit was decreed on contest declaring that the plaintiff/respondent has 1/3 share and the defendants therein are the owner to the extent of undivided 2/3 share in respect of the suit property and further directed to the parties to make an amicable partition by metes and bounds within a stipulated time.

(2.) The plaintiff/respondent filed a suit for declaration of their share to the extent of 1/3 in respect of the subject property and separation thereof by partition to be divided by metes and bounds. The undisputed facts unfold from the record is that one Kartick Majhi, Avay Majhi and Gopal Majhi jointly owned 1/3 share (5 Anna 6 Gonda 2 Kora 2 Kranti) of the suit property and the rest of the suit property i.e., 2/3 share (10 Anna 13 Gonda 1 Kora 1 Kranti) are owned and possessed by Khetra Majhi and Mahendra Majhi. The plaintiff/respondent claimed title through the owners of 1/3 share and the defendants/appellants are claiming their right, title and interest by way of inheritance through the owners of 2/3 shares.

(3.) According to the plaintiff/respondent, the aforesaid three owners namely, Kartick, Avay and Gopal all along owned and possessed the undivided 1/3 share in respect of the property out of which the Gopal being a bachelor and subsequently died, his share devolved upon the surviving brothers. It is alleged by the plaintiff/respondent that the said Kartick and Avay Majhi sold, transferred and conveyed the undivided 1/3 share in respect of the suit property in favour of the Rajendra Nath Majhi who executed a deed of gift in favour of his wife namely, Sudharani Majhi. The Sudharani Majhi during her life time executed and registered the deed of gift in favour of the donees namely, Malati Rani Majhi, Alok Kumar Majhi and Pulak Kumar Majhi who after accepting the deed of gift sold, transferred and conveyed the said undivided 1/3 share to Narayan Chandra Majhi, the plaintiff/respondent herein.