ANUP KR DEBBARMA Vs. AHINDRA KR DEBBARMA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 17.06.2002 passed by the learned Civil Judge (Sr. Division), Court No.2, West Tripura, Agartala, in Title (Partition) Suit No.82/1998, dismissing the suit of the plaintiff/appellant. The suit was filed for partition of the joint properties described in the Schedule to the plaint. Be it stated here that the plaintiff and the three defendants are full blood brothers being the sons of Late Hiran Kumar Debbarma, who died on 30.06.1988.

(2.) In the suit, it was the case of the plaintiff/appellant that after the death of the father of the plaintiff and the defendants they became the joint owner of the property left behind by their father. Be it stated here that the proforma defendant who is the proforma respondent in this appeal is the married daughter of Late Hiran Kumar Debbarma and she relinquished her claim over the property. Thus the plaintiff and the defendants became the join owners of the property in question having 1/4th share each.

(3.) According to the plaintiff/appellant, differences had arisen in the management and enjoyment of the said ejmali property and the defendant Nos.2 and 3 demanded from the plaintiff and the defendant No.1 on or about a day in the first week of April, 1998 and on 16.04.1998 asked the plaintiff and the defendant No.1 to put their signatures on an agreement for affecting partition of the said property. In the plaint it was stated that the defendant Nos.2 and 3 deceitfully and fraudulently obtained the signatures of the plaintiff and the defendant No.1 on the said ageement papers without explaining the contents therein, which they promised to do after field markings by revenue staff. According to the plaintiff, the defendant Nos.2 and 3 in connivance with a view to deprive the plaintiff and defendant No.1 from the legitimate share started putting up hap-hazard constructions within the suit land thereby causing sea-charge in the nature of the property.