NETAI MONDAL Vs. TARAPADA MONDAL

JUDGEMENT

(1.) This Second Appeal has been directed against the judgment and decree dtd. 15/9/1998 passed by the Additional District Judge, 5th Court, in Title Appeal No. 25 of 1998. By the impugned judgement the court below affirmed in part and reversed in part the judgment and decree of dismissal dtd. 18/12/1997 passed by the learned Civil Judge (Senior Division), Diamond Harbour in T.S. No. 19 of 1996.

(2.) Background of the present dispute may be summarized as follows:-

(3.) Thereafter the father of the petitioner namely Abani Ranjan by a deed of gift dtd. 15/9/1990 transferred his entire share in the suit properties in favour of the petitioners, who after accepting the deed of gift exercised their right and possession over the properties which were exclusively allotted to them as well as aforesaid properties which were kept unpartitioned and common in the partition deed. It is alleged by the plaintiffs that they have made various improvements specially in the northern portion of the eastern bank in plot no. 1476 and constructed a pakka ghat for their own use and occupation. It is further case of the plaintiff/appellants that the respondent/defendants started disturbing their peaceful possession of the said ghat by interfering with their user of the common pathway meant for all the parties as per deed of partition, in the western portion of the plot no. 667/1027 and also obstructed the plaintiffs' possession of the aforesaid two tanks and allegedly depriving the plaintiffs from giving their share of income derived from the said tanks. It is further alleged that defendant illegally removed the pillars and refused to act in terms of partition deed and threatened the plaintiffs to dispossess and also threatened to block aforesaid pathway lying to the west to plot no 667/1027