CHAND MAHAMMAD Vs. ABDUS SATTAR AND ORS.

JUDGEMENT

(1.) In this revisional application the petitioner challenges the judgment and order dated 30th May, 2013 passed by the Ld. Additional District and Sessions Judge, 5th Court at Malda in Misc. Appeal No. 36 of 2012 reversing the judgment and order dated 20th June, 2012 passed by the Ld. Civil Judge (Junior Division), 1st Court at Malda in Misc. Case No. 63 of 2008. The brief facts are as follows.

(2.) The property in question originally belonged to one Jiyaruddin Sk. He died sometime in 1982-83 leaving his three sons namely Md. Ali, Kurban Ali and Chand Md. as his legal heirs who came into joint possession of the said property. Kurban Ali died leaving his two sons namely Harun and Sahidul as his legal heirs who inherited his 1/3rd share in the said property.

(3.) By a registered deed of partition dated 5th February, 1993, the sons and grandsons of Jiyaruddin, the original owner, partitioned the entire property. The petitioner got 'Ga' schedule property, the sons of Kurban Ali namely Harun and Sahidul received the 'Kha' schedule property and Md. Ali received the 'Ka' schedule property by virtue of the said partition deed. Thereafter, Harun and Sahidul amicably partitioned the 'Kha' schedule property and Sahidul became the owner of the suit property.