SUDHIR BOURI Vs. ASHARI BOURI

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dated 10.5.2004 passed by the learned 3rd Additional District and Sessions Judge, Fast Track Court, Jamtara in Title Appeal No. 20 of 2001/6 of 2004 reversing the judgment and decree dated 24.3.2001 passed by learned Sub Judge 2nd, Jamtara in Title (Partition) Suit No. 32 of 1996/71 of 1998.

(2.) THE appellant filed the said appeal. The learned lower appellate court after considering the contentions raised on behalf of the appellant with regard to the Schedule B property and the evidence and the law in this regard, held that there was no bar under the law that service tenure land could not be partitioned. Rasik Bouri who was Chowkidar died and the land of Chowkidari devolved upon her 2. daughter Balika bouri who was the mother of the parties. She continued in possession over Schedule B property till her death. The parties were in joint possession of the said land. Such land did not vest in State after death of Rasik Bouri. As per Ext. A, there was amicable partition between the parties with regard to the Schedule B property and the parties were enjoying the same but the dispute arose after the appellant was appointed as Chowkidar. In paragraph -10, the learned lower appellate court concluded as follows: -