NITNI CHAND SAHA Vs. SWAPAN KUMAR SAHA

JUDGEMENT

(1.) This instant revisional application has been directed against the order dated 20-05-2006 passed in Misc. Appeal No. 2 of 2006, whereby the order of the trial court dated 02-2006 passed in Title Suit No. 26 of 2006 was alarmed.

(2.) In moving the revisional application, the learned counsel for the petitioner has submitted that the trial court as well as the appellate court failed to appreciate the fact that in view of the amicable settlement being made, the co-sharers made constructions in the allotted portions right from the year 1977. Acting on such family arrangement, the elder brother of the petitioner sold out his allotted western part of the land covering 11 acres of land in the year 1989, with the other two brothers accepting the sale of that portion in favour of an outsider. The other two brothers continued to enjoy their respective portions with the opposite party also making construction on his allotted portion. The amicable settlement in terms of the family arrangement having been accepted and executed, the opposite party/plaintiff cannot stand in the way of the petitioner making construction on his separate allotted portion, as contended by learned counsel representing the petitioner.

(3.) Referring to the granting of sanctioned plan, it is submitted that enquiry is conducted before granting sanction of the plan. On being satisfied about the allotment of separate share in favour of the petitioner, the building plan was sanctioned. The sanction fee was also accepted. The petitioner also got his name mutated in the register. Construction upto lintel has also been made. In view of the petitioner exercising his right over his allotted share in terms of the family settlement, the opposite party should not be allowed to raise any objection with regard to the construction of the building.