SANKAR DUTTA Vs. ANIMA RANI DATTA

JUDGEMENT

(1.) HEARD Ms. P. Chakraborty, the learned counsel appearing for the petitioners (plaintiffs). Also heard Mr. M. Khan, the learned counsel appearing for the respondents (defendants).

(2.) THE two litigant groups are step brothers/step sisters and they are fighting over their paternal property left behind by Late Ramendra Nath Dutta. The T.S. No.38/2003 was filed to claim title over the schedule land in Cachar District to the exclusion of the defendants and also for void -ab -initio declaration of the so called deed of partition of 9.3.2003. After W.S. was filed by the defendants, on 17.8.2006 the defendants' side produced the purported partition deed of 9.3.2003. But since this document was not listed along with the W.S., the plaintiffs filed application on 6.9.2006 (Annexure -3) to reject the defendants' document. A 2nd application (Annexure -4) was also filed on the same date i.e. 6.9.2006, where it was projected that a forged partition deed was produced by the defendants, where plaintiffs' signatures were manufactured and accordingly prayer was made to make a complaint to the Judicial Magistrate, 1st Class, Silchar, under the provision of Section 340 read with Section 195 of the CrPC, against the defendants.

(3.) THE aforesaid two application(s) of the plaintiffs was disposed of on 12.1.2007 itself by the learned Munsiff No.1, Cachar, Silchar, where the Court observed that the acceptability of the Xerox copy of the partition deed is still to be decided and the same would be considered at an appropriate stage. On the plaintiffs' other application for lodging a Criminal Complaint, the Court observed that whether the partition deed is genuine or manufactured is still to be decided and therefore no material basis was found to proceed against the defendants on the criminal side, at that stage of the case.