LAWS(ORI)-2018-2-41

GOPINATH DHAL Vs. SANKARSAN DHAL AND OTHERS

Decided On February 05, 2018
Gopinath Dhal Appellant
V/S
Sankarsan Dhal And Others Respondents

JUDGEMENT

(1.) Defendant no.1 is the appellant against a reversing judgment.

(2.) Respondent nos.1 to 3 as plaintiffs instituted a suit for partition. The following genealogy would show the relationship of the parties.

(3.) The defendant nos.1 and 7 filed separate written statements denying the assertions made in the plaint. According to defendant no.1, he got half interest in the properties in Lot nos.1 and 2, 2/3rd interest in Lot nos.3, 4 and 7 and 1/3rd interest in Lot nos.5 and 6. It was pleaded that during his minority, the defendant no.7 obtained a fraudulent and illegal sale deed in respect of Lot no.6 without his knowledge. He came to know of this during hearing of O.L.R. Case No. 638/76 filed by him for assessment of rent. The sale deed had not been acted upon.