GITA KABASI Vs. BANAMALA KABASI

JUDGEMENT

(1.) THE plaintiff/petitioner filed a partition suit against the defendants/opposite parties for partition of the joint properties described in the schedule of the plaint. The said suit was decreed in part on contest against the defendant no. 1 and ex parte against the rests. By the said preliminary decree the plaintiffs interest in the suit property was declared and the defendants were directed to effect partition amicably within three months.

(2.) THE plaintiff was aggrieved by the said preliminary decree, as the effect of deed of gift executed by Nagenbala in her favour was not taken into consideration properly by the learned Trial Judge. Accordingly, he preferred an appeal for challenging the propriety of the said preliminary decree. The said appeal was allowed and the suit was remanded back to the learned Trial Court for rehearing. The learned Trial Court was directed to decide all the issues after giving opportunity to the plaintiff to make addition of necessary parties and to justify the deed of gift of Nagenbala in her favour beyond reasonable doubt as per the observation made by the learned Appeal Court.

(3.) THE suit was again decreed in the preliminary form after such remand whereby the plaintiffs title to the extent of share in plot no. 767 and 3/10th share in plot no. 817 was declared.