AMAL KUMAR GHOSH Vs. RATHINDRA MOHAN GHOSH

JUDGEMENT

(1.) The present appeal arises at the behest of the plaintiff in a partition suit. By the impugned judgment and decree, the said partition suit was decreed on the sole ground that one of the joint properties of the parties pertaining to plot No. 450/1258 was left out of the hotchpot of the partition suit.

(2.) The plinth of the plaint case was that the original owner of the property, one Radha Mohan Ghosh (since deceased), left a registered deed of settlement distributing the property among his prospective heirs.

(3.) In the said deed, the settlor expressed the intention that the beneficiaries of the said deed would have the property partitioned by metes and bounds between themselves according to their respective allocations as earmarked in the deed. Subsequently, such partition having not taken place, the suit was filed, in a way to implement the deed of settlement by seeking partition in respect of the properties covered by the said deed.