SANDIP NANDI Vs. NITAI CHAND NANDI & ORS

JUDGEMENT

(1.) Nitai Chand Nandi, one of the son of Baikuntha Nath Nandi and Banalata Nandi both since deceased filed a Partition & Administration suit impleading his three brothers Nilkanta Nandi, Krishna Nath Nandi and Sandip Nandi respectively as defendant nos. 1,2 and 3. Nilkanta has died during the pendency of the suit and his two sons Somnath Nandy and Ranodeep Nandy have been substituted as defendant no. 1(b) and 1(c). Records reveal that Baikuntha had made and published his last will and testament on 24th April, 1976 wherein his eldest son Nilkanta was appointed as executor. This will was probated on 16th December, 1986. It also appears that in 1993 a settlement was arrived at by and between the sons of Baikuntha which was recorded in writing but not registered. Under such settlement each sons of Baikuntha was allotted specific Lots on 1/4th basis.

(2.) After the institution of the suit the writ of summons was duly served upon the defendants, and their learned advocate entered appearance on 23rd September, 2009. None of the defendants, however, filed any written statement to contest the suit. In such circumstances, the suit was decreed ex parte on 14th July, 2010. The decree was in final form for declaration as claimed in claim (a) and claim (c) of the plaint. There was, however, a preliminary decree in terms of claim (b) of the plaint. A commissioner of partition was appointed with the liberty to engage a valuer for the purpose of valuing the property to enable allotment of 1/4th demarcated share to the plaintiff and 3/4th share to the defendants treating the defendants jointly to be one block.

(3.) The valuer who is an empanelled valuer of this Court on being appointed by the Commissioner Partition surveyed the property, and after hearing the parties submitted his valuation report on the basis whereof the commissioner of partition prepared his report and submitted the same.