PROBHAT CHANDRA KANRAR Vs. RANI BALA KANRAR

JUDGEMENT

(1.) In the 3rd Court of the Subordinate Judge, Howrah, the plaintiffs filed a suit for partition. The properties are set out in Schedules 'A' and 'B' of the plaint. The Learned Subordinate Judge decreed the Suit in part.

(2.) Not accepting the judgment and decree, some of the defendants have preferred this appeal.

(3.) It is not disputed that one Surendra Nath Kanrar was the common ancestor of the parties. There is also no dispute as regards the majority of the plots, that those plots belonged to Late Surendra Nath Kanrar. Surendra Nath Kanrar left four sons namely, Ram Chandra Kanrar, Lakshman Chandra Kanrar, Bharat Chandra Kanrar and Netai Chandra Kanrar. Netai Chandra Kanrar was the plaintiff No. 1. On his death, his heirs have been substituted. The plaintiffs 2 to 7 are the heirs of Lakshman Chandra Kanrar. The defendants 1 to 10 are the heirs of Ram Chandra Kanrar and the defendants 11 to 16 are the heirs of Bharat Chandra Kanrar. It is also not disputed that the four sons of Ram Chandra Kanrar acquired one-fourth share each in the properties, set out in 'A' and 'B' Schedule of the plaint. In the plaint, it is mentioned that some portions of the properties out of Plot No. 238 of the 'B' Schedule were acquired in land acquisition proceedings and compensation money was distributed amongst the co-sharers as per their shares respectively. With regard to Plot Nos. 360 and 361, which are Item Nos. 6 and 7 respectively of the 'A' Schedule properties of the plaint, it is the plaintiffs' case that there are about 1 lac bricks, which were manufactured by Late Surendra Nath Kanrar. By registered deed, dated the 23rd of July, 1968, the defendant Nos. 11 to 16 sold their 1/8th shares in those very plots, namely, Plot Nos. 360 and 361, to the plaintiff No. 1. So in those plots, the plaintiff No. 1 claims 3/8th share and the rest of the plaintiffs claim 1/4th share.