ASHOK KUMAR MONDAL Vs. SASANKA SHEKHAR MONDAL

JUDGEMENT

(1.) By consent of parties, we take up the hearing of the appeal itself.

(2.) This is an appeal arising out of a suit for partition. The learned Trial Judge by the impugned judgment and decree dated August 30, 2006 dismissed the suit for partition without any order as to costs. The learned Trial Judge found, in substance, that the plaintiff miserably failed to prove that he had title in the suit properties.

(3.) The plaintiff instituted the suit for partition contending, inter alia, that the father of the parties to the suit, namely, Lalit Mohan Mondal, since deceased, purchased the suit property under a registered deed of sale dated March 2, 1962 from one Radha Rani Mondal. It is stated that Lalit Mohan Mondal died on October 17, 2000 intestate and as his wife died on June 6, 1994, fie left behind him the plaintiff and the defendants as his heirs/heiress and legal representatives. Therefore, the parties to the suit inherited 1/7th share each in the suit properties.