INDRA PRASTHA DEVELOPER Vs. APARNA DEB & ORS

JUDGEMENT

(1.) This revisional application is directed against the order no. 174 dated July 18, 2016 passed by the learned Civil Judge (Senior Division), Malda in Partition Suit No. 176 of 1995, by which an application under Order XIV Rule 2 of the Code of Civil Procedure is rejected.

(2.) The plaint case proceeds that the land measuring 22 acre comprised in plot no. 177 within Mouza:

(3.) It is further alleged that Jagadish Deb inducted one Rupendranath Bhadra as a tenant in the northern room of 'B' schedule building. After his death defendant no. 1 in collusion with the tenant, Rupendranath Bhadra, manufactured a collusive and fraudulent Will and tried to take the probate of the Will, but was unsuccessful. A proceeding was initiated by the said tenant for depositing rent before the Rent Controller, wherein the defendant no. 1 disclosed that Jagadish Deb gifted 'B' schedule land and building to him. Furthermore, after the death of Jagadish Deb, the plaintiff nos. 1 to 3 and defendant nos. 1 to 3 entered into an agreement on 26th March, 1981 and agreed that the 'B' schedule land and building will devolve upon plaintiff nos. 2 and 3 and defendant nos. 2 and 3 in equal share and also agreed to give right of management to plaintiff no. 2.