SHRABANI CHATTERJEE Vs. KRISHNA MAJUMDAR

JUDGEMENT

(1.) The plaintiffs in a partition suit have preferred the instant appeal against the judgment and decree dismissing such suit. The plaintiffs/appellants claim that one Keshablal Majumdar was the owner of a property. He died, leaving behind his five sons, namely Srijib Majumdar, Sridhar Majumdar, Srish Majumdar alias Srish Chandra Majumdar, Srikar Majumdar and Srikanta Majumdar as his only heirs and legal representatives. It is argued that the said five sons amicably partitioned the properties between themselves and their names were recorded in the finally published L.R. Records in separate Khatians as Raiyats and also duly recorded in the Assessment Register of Borough Committee-II under the Asansol Municipal Corporation.

(2.) The present partition suit was instituted between the heirs of Sridhar (since deceased), one of the sons of late Keshablal, in respect of the holding recorded in the name of late Sridhar, on the premise that there was amicable partition between the heirs of late Keshablal whereby late Sridhar came to be the exclusive owner of the said holding, which is the subject property in the suit. As such, the other heirs of late Keshablal were not impleaded as parties.

(3.) Learned counsel for the appellants places reliance on the documents adduced as evidence by the plaintiffs/appellants and were marked as Exhibit and argues that those were sufficient to show that the original property of Late Keshablal was demarcated into separate holdings which were recorded separately in the names of his five sons, one of whom was Sridhar, the predecessor-in-interest of the parties.