KALIPADA KIRTAN Vs. BIJOY BAG

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendants in a suit for partition and is directed against the judgment and decree dated 22nd January, 1998 passed by the Civil Judge (Senior Division) Ghatal, midnapore, in Title Suit No. 56 of 1995, thereby declaring that the plaintiff has 1/3rd share in 'ka' and 'kha' scheduled property and the defendants have 2/3rd share therein with a direction upon the carties to amicably partition the property within five months from the date of decree.

(2.) IT appears that the plaintiff, a sister filed a suit for partition against her brothers claiming 1/3rd share on the allegation that she inherited the property through her father.

(3.) THE suit was contested by the defendants by filing written statement thereby contending that the title of the plaintiff in the property had been extinguished by adverse possession of the defendants. It was further contended that the property being family dwelling house and the plaintiff being a female heir of the Class-l, the suit for partition was not maintainable at her instance.