ATANU RANJAN GHOSH Vs. ARUP RANJAN GHOSH

JUDGEMENT

(1.) THIS first appeal is at the instance of a plaintiff in a suit for partition and is directed against the judgment and decree dated 16th July, 2005 passed by the learned Civil Judge (Senior Division), Third Court, Alipore, in Title Suit No. 189 of 2004 thereby decreeing the suit in part in preliminary form; the parties were directed to partition by meets and bounds the property described in Schedule 'a' of the plaint. The learned Trial Judge, however, dismissed the prayer of partition in respect of the property described in Schedule 'b' property which is a flat belonged to the father of the parties as a member of a Co-operative Housing Society who nominated the said flat in favour of the defendant.

(2.) THE learned Trial Judge was of the view that by virtue of such nomination, the defendant has attained absolute title over the said property and therefore, no decree for partition could be passed in respect of that flat.

(3.) BEING dissatisfied, the plaintiff has come up with the present first appeal.