SANTOSH KUMAR DAS Vs. MUKTI RANI DAS

JUDGEMENT

(1.) Heard Mr. MH Ahmed, learned counsel appearing for the petitioner, who was originally the plaintiff No.3 in the T.S. No.5/1995. Also heard Mr. D. Chakrabarty, the learned counsel appearing for the respondent Nos.1 6, who are the successors of Late Shantimay Das, who was originally arrayed as the defendant No.1 in the case.

(2.) The suit was filed jointly by three brothers i.e. Sukumar Das, Sushanta Kumar Das and Santosh Kumar Das against the 4th brother Shantimay Das, for a declaration of their joint title and 1/4th share in the family property and also for equal partition of the suit land.

(3.) However the plaintiff No.1, Sukumar Das disassociated himself from his two brothers and took a different stand and therefore he was arrayed as defendant No.1 (Cha) in the suit. In the W.S. (Annexure-2) filed by the defendant No.1 (Cha), Sukumar Das stated that he sold away his share of the suit property to his elder brother Shantimay Das through the Registered Deed No.7203, dated 7.7.1983 and accordingly this defendant clarified that he has no claim on the suit property.