PARIMAL DEY Vs. ANITA AGARWAL

JUDGEMENT

(1.) These three revisional applications are filed by the plaintiff/petitioner against a judgment and order passed by the Appellate Court reversing the order of injunction passed by the Trial Court in three different partition suits based on identical right, title and interest over the several properties forming the subject matter of three different suits. The incidence of acquiring the right, title and interest in respect of the properties forming the subject matter of the aforesaid three suits by the defendants are similar in nature and, therefore, to avoid the unnecessary details, the facts recorded hereinafter would be deemed to refer their respective deeds by which they founded their claims.

(2.) Admittedly one Ganda Sardar became the absolute and exclusive owner in respect of various plots of land comprised in Schedule 'C' to the respective plaints on the strength of a deed of partition dated November 29, 1945. Upon the death, the said admitted owner left behind him surviving his widow, Khotegan Bewa and the only son, Golap Rabbani Sardar, who inherited undivided two anna share and 14 anna share respectively. By a deed of sale dated July 26, 1948, the said Khotegan Bewa sold, transferred and conveyed her undivided two anna share in respect of the said property to her son namely Golap Rabbani Sardar who became the absolute owner of the property held by his father. Golap Rabbani executed a deed of settlement dated November 3, 1983 in favour of his two sons namely Abul Basar Sardar and Abul Kalam Sardar. Subsequently the said Golap Rabbani went for heavenly abode on August 15, 1986. Golap Rabbani married twice during his lifetime and left two sons i.e. Abul Basar Saddar and Abul Kalam Sardar and three daughters namely Taslima Bibi from his first wife and Jarina & Hasina Bibi from his second wife. By several deeds of sale executed between December 2009 and May 2010, the defendants of the respective suits acquired the right, title and interest in respect of the entire 'C' Schedule property on a valuable consideration mentioned therein. For clear exposition of the facts and better understanding, it would be apposite if the facts pleaded in the respective Title Suit involving three revisional applications are narrated separately.

(3.) The above revisional application arises from a judgment and order dated 15th February, 2014 passed by learned Additional District Judge, 13th Court, Alipore in Miscellaneous Appeal No. 397 of 2013 reversing the order no. 58 dated July 9, 2013 passed by learned Civil Judge (Senior Division), Baruipur in Title Suit No. 118 of 2011. The facts narrated in the aforesaid Title Suit are adumbrated herein below: The property comprised in Schedule 'C' and other properties to the plaint originally belonged to one Ganda Sardar and Abdul Motaleb Sardar as co-owners who amicably partitioned their joint properties by executing and registering a deed of partition dated November 20, 1945. By virtue of the said partition deed, the entire property comprised in Schedule 'C' to the plaint was allotted to Ganda Sardar who became the absolute and exclusive owner thereof. Upon the death of the absolute owner, the 'C' Schedule property devolved upon his widow Khotejan Bewa and only son, Golap Rabbani Sardar, who owned undivided 2 anna share and undivided 14 anna share respectively. By executing a deed of sale on July 26, 1948, the said Khotejan sold, transferred and conveyed her undivided two anna share in respect of 'C' Schedule property to her son namely Golap Rabbani Sardar who became exclusive owner of the said property. Golap Rabbani Sardar married twice having two sons namely Abul Basar Sardar and Abul Kalam Sardar and a daughter, Taslima, from the first wife and two daughters namely Jarina Bibi & Hasina Bibi from the second wife. Golap Rabbani Sardar executed a deed of settlement dated November 3, 1983 described in Schedule 'B' to the plaint giving 685 decimal of land together with the structure and appurtenant thereon to his aforesaid said two sons which are detailed in Schedule 'D' to the plaint. The said Golap Rabbani Sardar died on October 15, 1986 leaving five children as aforesaid. It is alleged that the purported deed of settlement is nothing but the Will as the settler intended the operation of the said deed to take effect after his death. According to the plaintiff/petitioner, the settler under the Mohammedan Law was entitled to bequeath 1/3rd of his property and, therefore, the said deed is valid to the extent of 1/3rd share comprising 542 decimal of land and not the entire one. The plaint proceeds that upon the death of the said Golap Rabbani Sardar, his two sons and three daughters from two wires who predeceased him inherited 2/7th share and 1/7th share each in the 'C' Schedule property. The aforesaid two sons and a daughter namely Taslima Bibi sold and transferred 22 decimal of land to the opposite party nos. 1 to 4 by executing and registering a sale deed dated May 14, 2010 and further transferred 20 decimal of land in favour of the opposite party nos. 5 & 6 by another registered sale deed of the even date. Whereas the another daughter namely Jarina Bibi gifted 2.285 decimal of land out of plot no. 463 and .71 decimal of land comprised in plot no. 464 and other lands to the plaintiff /petitioner on the strength of deed of gift dated 1st December, 2011. The properties purchased by the opposite party nos. 1 to 6 and acquired by the plaintiff/petitioner are described in Schedule 'A' to the plaint. The plaintiffs, therefore, claims as co-ownership in respect of the property comprised in Schedule 'A' to the plaint and seeks for a partition upon declaring the deed of settlement to be invalid, illegal and void document.