LAWS(CAL)-2015-6-93

ADHIR KUMAR PRAMANIK Vs. SUDHIR KUMAR PRAMANIK

Decided On June 16, 2015
Adhir Kumar Pramanik Appellant
V/S
Sudhir Kumar Pramanik Respondents

JUDGEMENT

(1.) THIS second appeal is directed against a judgement of affirmance passed by the learned first appellate court in a suit for partition at the instance of the defendant no.1/appellant. The learned Trial Judge decreed the plaintiffs' suit for partition in preliminary form declaring that the plaintiffs have 3/4th share in the suit property. Parties were directed to make amicable partition of the suit property within sixty days from the date of the judgement failing which the plaintiffs were given liberty to effect partition through advocate commissioner to be appointed by the court on the prayer of the plaintiffs.

(2.) THE defendant no.1/appellant felt aggrieved as the learned Trial Judge refused to recognise the share of the said defendant which he allegedly acquired in the suit property by way of registered deed of gift executed by his mother.

(3.) HOWEVER , acquisition of interest in the suit property by the defendant no.1 by way of inheritance through his father was neither denied by the plaintiffs nor the court has turned down such claim of the defendant no.1.