DAMAYANTI SEN Vs. CHHABIRANI SEN AND OTHERS

JUDGEMENT

(1.) Defendant no.1 is the appellant against a reversing judgment in a suit for partition.

(2.) The brief facts necessary for disposal of the appeal are that plaintiff and defendant no.1 purchased Ac.0.19 dec. of land by means of a registered sale deed dated 20.08.1975 for a consideration of Rs.9000/-. They remained in possession of the same as joint owners. Husband of defendant no.1 installed an ice factory in the name and style "Sri Laxmi Ice Factory'' over a portion of the same. Several pucca houses were built up on other portions of Schedule-Ka land and let out to different persons on monthly rent. Husband of defendant no.1 was collecting rent and paying half of the same to the plaintiff. Defendant nos.3 to 23 are tenants of the rented houses. Defendant No. 2 purchased Schedule-Kha land comprising Ac. 0.10 dec. situated adjacent to Schedule-Ka land by registered sale deed dated 2.1.1981. During major settlement operation, the settlement authorities recorded the purchased land of the plaintiff, defendant no.1 and defendant no.2 under one khata comprising two plots. As per major settlement record of right of 1986, defendant no.2, plaintiff and defendant no.1 become owner of Ac.0.289 dec. appertaining to Major Settlement Plot Nos.149 and 153. Since defendant Nos.1 and 2 did not agree for an amicable partition, the plaintiff filed the suit.

(3.) Pursuant to issuance of summons, defendant no.1 entered appearance and filed a written statement denying the assertions made in the plaint. Defendant no.1 challenged the maintainability and valuation of the purchased land. It is stated that she is the exclusive owner in possession of the entire land from the date of her purchase. Her husband and father were running ice factory and collecting rent from the tenants. Plaintiff and her husband have no right or possession over the suit land.