ANSARUL MOLLA Vs. RAHUL AMIN MOLLA

JUDGEMENT

(1.) This is defendant's appeal assailing the judgment and decree in preliminary form in a suit for partition passed by the learned Additional District Judge, Basirhat, North 24 Parganas in Title Appeal No. 43 of 2009 on 24th April, 2009.

(2.) The respondents as plaintiffs filed Title Suit No. 37 of 2007 against the appellants praying for partition of the properties described in the schedule of the plaint stating, inter alia, that he, predecessor-in-interest of the defendants and their mother, since deceased were the joint owners of the suit properties. After the death of their father, the defendants No. 1 and 2 and their mother (defendants No. 3) inherited the suit property according to their share. The defendants allegedly disturbed the plaintiff in his peaceful possession of his share in the suit property. The plaintiff therefore, requested them for amicable partition. But the defendants refused. Hence the suit.

(3.) The defendants No. 1 and 2 contested the suit by filing written statement denying all material allegations made out against them in the plaint. It was the specific case of the defendants that the suit was bad for defect of parties. The plaintiffs failed to include all the properties jointly held and possessed by the parties in the hotchpot and accordingly, the suit is bad for partial possession. It was further contended that the joint property of the parties was amicably partitioned between the plaintiff and predecessor-in-interest of the defendants No. 1 and 2, they are possessing their respective portions in the suit property exclusively. The defendants developed the portion of the suit property exclusively by cultivation and plantation of various fruit bearing trees. Therefore, they prayed for dismissed of the suit.