KAMALESWAR Vs. KALYANBRATA

JUDGEMENT

(1.) This Court vide an order dtd. 22/9/2006 had admitted the instant second appeal by formulating the three substantial question of law which are reproduced hereinunder:

(2.) For deciding as to whether the said substantial questions of law arises in the instant appeal, this Court finds it relevant to take note of the facts of the instant case infra.

(3.) The predecessor-in-interest of the appellants [1(a), 1(b) and 1(c)] along with the Appellant Nos. 2, 3, 4 and 5 had filed a suit being Title Suit No.223/2000 seeking declaration of 1/6th of the scheduled property and for perpetual injunction. It appears from a perusal of the plaint that one Kulendra Chandra Deb (since deceased) was the predecessor-in-interest of the plaintiffs, the principal defendant No.1 and the proforma defendant Nos. 2 to 4. During his lifetime, he purchased the scheduled property as described in the plaint. The plaintiff No.1 on the basis of the above, claimed 1/6 th right of the said property to the similar extent the plaintiff Nos. 2 to 5 who are the successor-in-interest of another son of Late Kulendra Chandra Deb have sought for declaration of their right and partition to the extent of 1/6th share of the scheduled property.