SUVOMOY CHATTERJEE Vs. ARUNOY CHATTERJEE

JUDGEMENT

(1.) This appeal has been preferred against an order, dated 29th July, 2017 passed by the learned Civil Judge, Senior Division, 7th Court, Alipore in Title Suit No.391 of 2015, rejecting the prayer for temporary injunction as prayed for by the plaintiff/appellant.

(2.) Before dealing with the rival submissions of the parties, it would be appropriate to set out the facts briefly.

(3.) As per plaint case the present appellant and respondent nos.1 and 2 are the successors in interest of Late Mantu Chatterjee who purchased 4 cottahs, 12 Chittacks and 10 sq.ft. of land in plot no.75407541 in Khatian No.8311 and 2047 in Mouza-Behala Gram from one Shankar Haldar. Said Mantu Chatterjee constructed a two storied building covering 1 cottah, 15 chittacks and 28 sq.ft of land keeping the remaining portion vacant. Subsequently said Mantu Chatterjee transferred the remaining vacant portion of the land. After the demise of Mantu Chatterjee and his wife, the plaintiff/appellant and the defendants/respondents inherited the suit property in equal shares. Respondent No.2 is the married sister of the plaintiff and respondent no.1 and she resides in her matrimonial home. Plaintiff and defendant no.1 reside in the suit building. It has been alleged by the plaintiff that the defendant no.1 is enjoying more than 1/3rd share in respect of the suit property. Plaintiff claims that the suit property is a joint property of the parties. Plaintiff has made several requests for partition of the suit property by amicable partition but the defendant no.1 did not pay any heed. As such the plaintiff/appellant was compelled to bring T.S.No.391 of 2015 praying for a decree of partition and declaration of his share.