RAMA CHANDRA DAS Vs. SUBENDU KUMAR DAS

JUDGEMENT

(1.) This is an appeal under section 96 of the Code of Civil Procedure. The unsuccessful plaintiff has assailed the judgment and decree dated 05.10.2005 and 27.10.2005 respectively passed by the learned Adhoc Additional District Magistrate (F.T.C.), Berhampur in C.S. No. 08 of 2004 (T.S. No. 91 of 1998).

(2.) For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the trial Court.

(3.) Plaintiffs case is that the suit property originally belonged to his great grandfather Baikunthanath Das, father of defendant No. 1. It is stated that he died leaving behind his widow, Ratnamani, and son the defendant No. 1. It is further stated that after death of Baikunthanath Das, dissension arose between the mother and son i.e. Ratnamani and defendant No. 1 mainly because Ratnamani in the year 1975, gifted some properties to the daughter of defendant No. 1. This plaintiff then filed a suit i.e. T.S. No. 74 of 1975 in the Court of the Sub-ordinate Judge, Berhampur claiming partition of the properties left of Baikunthanath Das against her mother, Ratnamani.