AJORAM NATH Vs. BASANTI BALA NATH

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree dated 27-03-2006 passed by the court of learned Civil Judge, Bongaigaon in Title Appeal No. 13/2003 affirming the judgment and decree dated 20-08-2003 passed by the Civil Judge (Jr. Div.), Abhayapuri in Title Suit No. 21/1999 decreeing the suit filed by the plaintiff.

(2.) The case of the plaintiff/ respondent, as projected in the plaint filed in the title suit, is that the grandfather of the plaintiff late Lebaru Nath was the original khatiyandar in respect of a plot of land measuring 17B-4K-5L covered by Dag No. 50 of Khatiyan No. 20 (new Patta No. 3) in village- Dhaknabari under Boithamari Circle, more fully described in the schedule-A to the plaint. Lebaru Nath died leaving behind three sons, namely, Lankeswar Nath, Prathama Nath and Har Kumar Nath. Prathama Nath died leaving behind the plaintiff as the sole surviving legal heir, whereas the defendant Ajoram Nath is the sole surviving legal heir of late Lankeswar Nath. Proforma defendant No. 1, 2 and 3 are the sons of Har Kumar Nath.

(3.) It is the case of the plaintiff that after the death of Lebaru Nath the property described in schedule-A to the plaint was jointly inherited by his aforementioned three sons and thereafter on the basis of an amicable partition by and between the three brothers, Lankeswar Nath and Har Kumar Nath had been put in possession in respect of land measuring 6 bighas each, which they continued to occupy by way of right of inheritance. Based on such amicable partition, the remaining land measuring 5B-4K-5L fell in the share of the father of the plaintiff viz. Prathama Nath. In this manner the three brothers, during their life time, had amicably partitioned the total area of land measuring 17B-4K-5L inherited by them from their father late Lebaru Nath.