HEMEN DAS DOCTOR Vs. DILIMA DAS

JUDGEMENT

(1.) This second appeal is by the defendant, against the judgment and decree dated 29.04.2011 passed by the learned Civil Judge, Bongaigaonin in Title Appeal No. 4/2010.

(2.) The respondent, as plaintiff filed a suit being TS No. 6/2007 for declaration of their share in the ancestral property, partition and other reliefs.

(3.) The case of the plaintiff was that Late Jogendra Nath Das, predecessor in interest of the parties was the owner of the land measuring 4 bigha 2 katha 10 lessa situated at Bijni covered by Patta No. 161, Dag No. 851(ka) and 851 (kha). Jogendra Nath Das died in the year 1978 leaving behind five sons and three daughters along with his wife as legal heirs. Late Amarendra Nath das, the elder son of Jogendra Nath Das was the predecessor in interest of the plaintiffs. Amarendra Nath Das died in the year 1985 leaving behind the plaintiffs as his legal heirs and successors. After the death of Amarendra Nath Das, when the plaintiffs were claiming their share in the ancestral property, the defendants on various pretexts refused to give their share and stated that the land has been mutated in the name of the defendants No. 1 to 4 and as such they are the absolute owner of the land. The plaintiffs thereafter made an enquiry in the Circle Office and came to know that the defendants No. 1 to 4 got their names mutated in respect of the suit land behind the back of the plaintiffs. Hence the suit was filed.