LAWS(CAL)-2015-5-67

PARIMAL DEY Vs. ANITA AGARWAL AND ORS.

Decided On May 15, 2015
Parimal Dey Appellant
V/S
Anita Agarwal And Ors. Respondents

JUDGEMENT

(1.) All these three revisional applications are taken up together as identical applications filed by the same party in three different suits are disposed of by three separate orders but recording the similar observations.

(2.) The petitioner filed three different suits claiming relief in the form of declaration that the purported deed of settlement executed by the admitted owner is illegal, invalid and void document and further seeks for partition of his undivided 1/14 share in the suit property described in Schedule 'A' to the plaint.

(3.) Admittedly one Ganda Sardar became the exclusive owner in respect of various plots of land comprised in Schedule 'C' to the respective plaints on the strength of a deed of partition dated November 29, 1945. Upon the death, the said admitted owner left behind him surviving his widow, Khotegan Bewa and the only son, Golap Rabbani Sardar, who inherited undivided two anna share and 14 anna share respectively. By a deed of sale dated July 26, 1948, the said Khotegan Bewa sold, transferred and conveyed her undivided two anna share in respect of the said property to her son namely Golap Rabbani Sardar who became the absolute owner of the property held by his father. Golap Rabbani executed a deed of settlement dated November 3, 1983 in favour of his two sons namely Abul Basar Sardar and Abul Kalam Sardar. Subsequently the said Golap Rabbani went for heavenly abode on August 15, 1986. Golap Rabbani married twice during his lifetime and left two sons i.e. Abul Basar Saddar and Abul Kalam Sardar and three daughters namely Taslima Bibi from his first wife and Jarina & Hasina Bibi from his second wife. By several deeds of sale executed between December 2009 and May 2010, the defendants of the respective suits acquired the right, title and interest in respect of the entire 'C' Schedule property on a valuable consideration mentioned therein.