KHAN MOHAMAD KHAN Vs. JAM MOHAMMAD KHAN

JUDGEMENT

(1.) This revisional application is directed against the judgment and order dated November 29, 2014 passed by the learned Additional District Judge, 4th Court, Murshidabad in miscellaneous appeal No. 26 of 2011 reversing the order dated 4th April, 2011 passed by the learned Civil Judge (Senior Devision), Lalbagh in Partition Suit No. 184 of 2010.

(2.) The facts adumbrated in the said title suit are, inter alia, as follows;-

(3.) In the written objection the defendants/ petitioners categorically stated that the plaintiff/opposite party is guilty of suppression of material facts inasmuch as after the death of the said Abu Khan, the parties executed a deed of partition and divided that land as per their share inherited under the Mohammedan Law. It is thus stated that the suit for partition is, therefore, not maintainable. It is further alleged that prior to the institution of the present suit, the plaintiff instituted Title Suit No. 73 of 2010 claiming relief of partition in respect of the selfsame property and the instant suit is barred by the principles of res judicata.