MIHIR KUMAR GHOSH Vs. SUKHDEO GHOSH

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been filed by the appellants under Sec. 100 of the Code of Civil Procedure against the concurrent Judgment and decree dtd. 28/6/2007 passed by the 5th Additional District Judge (F.T.C.), Jamtara in Title Appeal No.12 of 2006/09 of 2005 whereby and whereunder, the learned first appellate court has dismissed the appeal and confirmed the judgment and decree passed by the Sub-Judge-III, Jamtara in Title (Partition) Suit No.20 of 1994 dtd. 12/1/2005 whereby and whereunder the learned trial court decreed the suit on contest with costs and held that the plaintiffs have jointly entitled to 1/3rd share in Scheduled A and 1/6th share in Scheduled B land and also ordered the pleader commissioner be appointed to carve out the shares and decree be prepared accordingly.

(3.) The brief facts of the case is that the appellant-plaintiffs and the respondents-defendants are the descendants of the common ancestor Makhan Gope who died leaving behind his three sons namely Kalipado, Pasupati and Dasrath. The appellant-plaintiffs are the descendants of the branch of Kalipado and the respondents- defendants are the descendants of the branch of Dasrath. It is the case of the appellant-plaintiffs that Pasupati predeceased Kalipado so the properties of Pasupati devolved equally to Kalipado and Dasrath. Hence, the appellant-plaintiffs are entitled to share of the Kalipado as well as half of the share of Pasupati whereas it is the case of the resepondents-defendants that Pasupati died after the death of Kalipado hence, Kalipado is not entitled to inherit the property of Pasupati and only the branch of Dasrath Ghosh can inherit the property of Pasupati.