SK. MANJUR Vs. SK. JAMAL

JUDGEMENT

(1.) This instant revisional application emanates from the judgment and order dated 05.05.2015 passed by the learned Additional District Judge, 1st Court, Malda in connection with Miscellaneous Appeal No. 47 of 2014 which arose out of the judgment and order dated 26.09.2011 of Miscellaneous Case No. 67 of 2008 passed by the learned Civil Judge (Junior Division), 1st Court at Malda.

(2.) Being aggrieved and dissatisfied with the said impugned orders the present petitioners have knocked at the doors of this Court mainly on two grounds namely that the learned Court below failed to appreciate that it is mandatory and precedent to file an application under Sec. 8 of WBLR Act by depositing the considering money along with 10 per cent extra. But in this case that has been done. Secondly, according to the petitioner learned Court below failed to appreciate the position of law in its proper perspectives. According to him, if demarcated and entire share of a property has been sold out in that case grounds of co-sharership does not lie.

(3.) None appears on behalf of the respondent. Heard the learned Counsel appearing on behalf of the petitioner, who contended that the impugned judgments passed by both the learned Courts below are required to be interfered with on the ground of illegality. I have gone through the impugned judgments passed by both the learned Courts below. "Co-sharer of a raiyat in a plot of land" means a person other than the raiyat who has undemarcated interest in the plot of land along with raiyat. In the case before me it has been established from the deposition of the parties, that there is no registered deed of partition between them. Therefore, it can be safely concluded that there is no two opinion on the position of law that if a statute prohibits partition of a particular class of property except by way of registered document, then unless partition is effected by registered deed there can be no partition in accordance with law. Even if there is an oral partition in such a case if the co-sharer remains in occupation of a particular demarcated portion by such mutual arrangement, for such arrangement their undemarcated interest in the plot is not extinguished. In the eye of law they remain co-sharer so long there is no registered deed of partition notwithstanding the fact that each of the co-sharers are in occupation of a particular demarcated portion. In the instant case, there is no partition in accordance with the provisions contained in Sec. 14 of the West Bengal Land Reforms Act, the learned Trial Court has come to a correct conclusion in this regard.