BISWANATH Vs. SANDHYA GOSHAL

JUDGEMENT

(1.) This present revisional application under Article 227 of the Constitution of India was directed against the order dated 6/8/2004 passed by Sri A. K. Mondal, the learned Additional District Judge, Katwa in connection with Miscellaneous Appeal No. 2 of 2004 affirming the Order No. 38 dated 17/1/2004 passed in Title Execution Case No. 11 of 1995.

(2.) It appears from the facts stated in the revisional application that Smt. Champa Rani Devi, the mother of the opposite parties filed a suit for partition being Title Suit No. 46 of 1990 in the Court of learned Assistant District Judge, Katwa against the petitioner/defendant in respect of the suit property being plot No. 757 under Mouza Dainhat within Katwa Police Station.

(3.) In the present revisional application the revisionist has given the facts as to how the property devolved upon different parties. It is stated that the suit property originally belonged to Radhika Prasad Nath, Nasiram Nath and Raghu Nath Nath. Radhika died leaving two sons Siba Pada and Ram Pada. Nasiram died leaving his son Baidya Nath who is husband of the plaintiff. Raghu Nath died leaving his widow Jnanda Sundari. On 31st July, 1934 Jnanda Sundari purchased 2/3rd shares from Siba Pada Ram Pada and Baidya Nath and thus she became the owner of the entire suit property. There was a stipulation rather condition in the agreement at the time of sale that if the heirs of Baidya Nath, Ram Pada and Siba Pada, want to repurchase the property sold to Jnanda Sundari she will reconvey the same to such heirs. Thus, "Champa Rani, the plaintiff being the wife of Baidya Nath purchased half share of the entire property from Jnanda Sundari on 28.8.1995. The entire devolvement of the property by inheritance and also by purchase may be shown in the following table :- Radhika (1/3rd) Nasiram (1/3rd) Raghu Nath (1/3rd) Siba Pada Ram Pada (1/3rd) Baidya Nath (1/3rd) (husband of the plaintiff) Jnanda Sundari (widow) (1/3rd) Jnanda Sundari purchased 2/3rd on 31. 07. 34 with some conditions. Thus she became full owner. Champa Rani Purchased 1/2 share (8/annas) on 24.08.55 Thus, the plaintiff requested the defendants to partition of the suit property amicably but the defendants disclose that they got the entire suit property from Jnanda Sundari by a Will which was probated and the Letters of Administration had been taken and so the defendants did not agree to the proposal of amicable partition of the suit property given by the plaintiff and as such the suit was filed.