SAILENDRA NATH SADHU Vs. NETAI CHAND PRAMANIK

JUDGEMENT

(1.) The Plaintiff Respondent filed a suit for declaration of his title to a certain share of the disputed property and for partition. Although the suit as framed purported to be one for partition the dispute between the parties is really a boundary dispute between them. The learned Subordinate Judge has passed a preliminary decree declaring the Plaintiff's claim and has directed that partition be affected through a Commissioner.

(2.) The property in suit is situate within the area which was previously French Chandemagore and it will be necessary to consider whether Shri K.M. Roy who heard the matter and passed the decree as aforesaid had jurisdiction to entertain the suit or to decide the question in issue.

(3.) For a proper appreciation of the preliminary question as to jurisdiction it is necessary to refer shortly to the different stages through which the negotiations for the transference or the sovereignty of the French Chandernagore to the Indian Union had passed.