NAREN RAJBANSHI Vs. KHOKA RAJBANSHI ALIAS MANDAL

JUDGEMENT

(1.) This appeal being F.A. No.67 of 1985 at the instance of the plaintiff is directed against the judgment and decree passed by Learned Subordinate Judge in partition suit no.77 of 1980.

(2.) The appellant/plaintiff brought this suit for partition of the suit Ka and kha schedule properties contending that the suit Ka schedule property originally belonged to one Bhangu Rajbanshi and on his death the said property devolved upon his two sons Dheba Rajbanshi, the predecessor-in-interest of the plaintiff and Khoka Rajbanshi, the defendant in equal shares. On the death of Dheba Rajbanshi in 1362 B.S. his share in the Ka schedule property devolved upon his adopted son, the plaintiff.

(3.) The plaintiff further contended that the suit Kha schedule property belonged to Dheba Rajbanshi, the defendant and Gobinda Rajbanshi each having 1/3rd share in the said property. Dheba purchased the share of Gobinda and became owner to the extent of 2/3rd share in the said Kha schedule property. On his death, his adopted son, the plaintiff became the owner of his share. Thus the plaintiff claims share or 8 annas share in Ka schedule property and 2/3rd share in the Kha schedule property as an adopted son of Dheba Rajbanshi.