DEVENDRA NATH PRAMANICK Vs. RAMESH CHANDRA PRAMANICK

JUDGEMENT

(1.) Heard the arguments of learned counsel for the appellant and learned counsel for the respondents.

(2.) The instant second appeal is preferred against the judgment and decree dtd. 19/2/2011 and decree signed on 25.02.2011passed by learned District Judge, Sahibganj in Title (P) Appeal No.27 of 2009 confirming the judgment dtd. 25/11/2008 and decree dtd. 17/12/2008 passed by learned Subordinate Judge-III, Sahibganj in Title Partition Suit No.34 of 2006, whereby and whereunder the partition suit of the plaintiff was decreed partly and the learned trial court as well as learned appellate court did not found the land pertaining to Jamabandi Nos.43, 60, 114, 117 and 124 to be joint property of the plaintiff and defendant No.1 inherited from their father, Chhatu Lal Thakur.

(3.) The appellant/plaintiff instituted the partition suit against his own brother (the principal defendant No.1) and others for partition of the joint family properties mentioned in Scheduled A to the plaint comprising Jamabandi Nos.43, 45, 60, 92, 114, 117, 124, 180, 257 and 280 situated at Mauza Pokharia within P.S. Borio(J), District-Sahibganj. Learned trial court after discussing in detail the entire oral as well as documentary evidence i.e. record of rights(khatiyan) arrived at conclusion that the land pertaining to J.B. Nos. 43, 60, 114, 117 and 124 has not been proved to be owned by Chhatu Lal Thakur, the father of the plaintiff and principal defendant and cannot be subject matter of partition.