LAWS(CAL)-2005-3-84

SURENDRANATH SINGH Vs. SMT. SABITRI DEY

Decided On March 14, 2005
Surendranath Singh Appellant
V/S
Smt. Sabitri Dey Respondents

JUDGEMENT

(1.) This first appeal is at the instance of Defendant No. 2A in a suit for partition and permanent injunction and is directed against the judgment and Decree dated March 30, 2000 passed by the learned Civil Judge, Senior Division, 2nd Court, Howrah in Title Suit No. 3 of 1995 thereby passing a preliminary decree declaring 1/3rd share of the Plaintiffs and proforma Defendants and 2/3rd share of Defendant Nos. 1 and 2 and also passing a decree for permanent injunction restraining the Defendants including the present Appellant from changing the nature and character of the suit property.

(2.) The suit was initially filed by the Plaintiffs for partition claiming 1/3rd share of the Plaintiffs jointly with proforma Defendant Nos. 3 to 15 in the suit property and restraining the Defendant Nos. 1 and 2 from changing the nature and character of the property and from transferring or alienating or encumbering any portion of the suit property. The suit property consists of Danga land. Bastu with structure and Doba measuring about 2 bighas 13 cottahs as also another Bastu measuring 26 decimals.

(3.) The learned Trial Judge on consideration of the entire materials on record disbelieved the defence taken by the Defendants that the Defendant No. 2A was inducted as tenant in respect of the entire suit property for manufacturing brick and for running brick field business. The learned Trial Judge, thus decreed the suit for partition thereby declaring 1/3rd share of the Plaintiffs jointly with proforma Defendants and passing a decree for permanent injunction restraining the Defendant No. 2A from changing the nature and character of the suit property.