BISWAJIT PAUL Vs. PRATIMA PAUL
HIGH COURT TRIPURA
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ARINDAM LODH, J. -
(1.)This second appeal under Sec. 96 of the CPC arises out of the judgment and decree dtd. 1/5/2019 passed by the learned Civil Judge (Senior Division), Court No. 2, West Tripura, Agartala in case no. T.S. (Partition) 22 of 2006.
(2.)Facts in a short compass are that, the three sisters and the defendant are the daughters and son of the deceased Santosh chandra Pal. The plaintiffs i.e. daughters of late Santosh chandra Pal had requested on repeated occasions to their brother, Biswajit Pal i.e. the sole-defendant of the instant suit to partition the movable and immovable properties left behind their father, late Santosh chandra Pal at Agartala as well as two flats in Kolkata.
(3.)After exchange of pleadings, issues were framed. On the basis of issues, evidences were led by the parties to the suit. Some documents were introduced relating to the properties in question. After completion of recording evidences and having heard the learned counsel appearing for the parties, the learned trial Judge decreed the suit in favour of the plaintiffs, which is as under:
"Accordingly, plaintiff Nos. 1 to 3 and sole defendant are entitled to 1/4th share each over the land property measuring 0.0990, specifically mentioned in khatian no.29650 of Mouja-Agartala Town Sheet No. 13, Hal dag no. 848 and also, are entitled to 1/ 4th share each over the suit property mentioned as, Flat situated at Ragunathpur, Baguiati, P.O- Jengra, Kolkata- 59, West Bengal, in the apartment namely, "Sankhanir Apartment", as well as, is entitled to 1/ 4th share each over Flat on the first floor measuring 629 Sq. feet with common area of 198 Sq. feet, which in total measures 827 Sq. feet, situated and lying at the building called, "ARVIND TOWER", a portion of premises 242/IB, Acharya Prafulla Chandra Road, Kolkata- 700004, P.S- Burtolla.
Parties in the suit are directed to make amicable partition of the aforementioned entitled suit properties within 2(two) months, failing which parties are at liberty to approach before this court for passing final decree accordingly in the suit.
Thus, the suit is disposed of on contest without costs in preliminary form."
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