SAMIR DAS Vs. TARIT KUMAR DAS & ORS

JUDGEMENT

(1.) The defendant No.3 in a suit for partition has preferred the instant appeal challenging the preliminary decree passed by the learned Civil Judge, (Senior Division), First Court at Barasat in Title Suit No. 313 of 1999.

(2.) The case made out by the plaintiff/respondent in the plaint of Title Suit No. 313 of 1999 is that the 'C' schedule property and land in khatian No. 1097 exclusively belonged to Shib Shekhar Das where as plot No. 952 of Schedule 'B' was jointly owned by Shib Shekhar Das, Himanshu Shekhar Das and Sashanka Shekhar Das. The plaintiff acquired interest in plot No. 952 of schedule 'B' of the plaint by virtue of a deed of gift executed by his father namely Shib Shekhar Das and also by virtue of various deeds of conveyance. It is the specific case of the plaintiff that properties have not been partitioned and the plaintiff faced inconvenience in ejmal possession of the property and as such he has filed the instant suit for partition. Thus, the plaintiffs prayed for preliminary decree in respect of 'B' and 'C' schedule property.

(3.) The defendant Nos. 1 and 4 appeared in the suit and contested the same by filing a written statement but did not adduce any evidence in support of their defence case. The defendant Nos. 5 to 11, however, did not contest the said suit.