SELAMUDDIN MIA AND ORS. Vs. DINESH CHANDRA KARMAKAR

JUDGEMENT

(1.) An unsuccessful plea is further raised before this Court by the petitioner that opening of the separate khatian tantamounts to a separation of plot of land and denotes an exclusive right of a person whose name is recorded therein which is opposed to the concept of cosharership.

(2.) One Siddeswari Dasi became the owner of R.S. Plot No. 187 comprising 2.27 acres of land and Plot No. 240 measuring 1.68 acres under Mouza Jitmahanpur by deed of purchase from the erstwhile owner.

(3.) The said Siddeswari Debi upon her death left behind her surviving two daughters, namely, Bhulia Bewa and Sandhya Bewa and a son, namely, Kameswar Karmakar, who inherited undivided 1/3rd share in each of such plots being the subject matter of the dispute in the preemption proceedings.