T.AMARNATH GOUD,J. - (1.)This is an appeal filed challenging the appellate decree in Title Appeal No.45 of 2015 passed by the learned Additional District Judge (Court No.2), West Tripura, Agartala on 27/7/2016
(2.)The facts of the case, in brief, are that the respondents herein as plaintiffs filed the suit for partition of the property described in the schedule of the plaint. It is the undisputed fact that the suit land was jointly purchased by Nil Mohan Choudhury and Ranga Mohan Choudhury, both were sons of Hara Sundar Choudhury comprising 50 % share each recorded in Khatian No.671, under Mouja-Ghaniamara, under Bishalgarh Tahashil Kachari. Out of the two original owners, Ranga Mohan Choudhury died on 15/5/1991 leaving the above-named plaintiff-respondents. Subsequently, Nil Mohan Choudhary also died leaving behind the defendant-appellants as his legal heirs. In the meantime, defendant-appellant No.3 sold 40 satak of land by a sale deed, and 38 satak of land was sold orally to the plaintiff-respondent No.1. Thereafter, the plaintiff-respondents herein several times requested the defendant-appellants for partition of joint property. In that regard, a village-level meeting was held for resolving the dispute. Application was also filed before the O/C Bishalgarh P.S. Later on, a joint meeting was held on 11/7/2010 but the defendant-appellants denied the assurance of partition given by them in the meeting.
(3.)Aggrieved thereby, the plaintiff-respondents in Title Suit (P) 132 of 2010 prayed for a preliminary decree of partition of the suit property according to the entitlement keeping in mind the sold out land by the defendant-appellants herein. The plaintiff-respondents herein further sought for appointment of Survey Commission for affecting the partition in terms of the preliminary decree. They also sought for a decree of declaration of the sale deeds executed by defendant-appellants No.1 and 2 in favour of the defendant-appellant No.3 of land measuring 40 to 38 satak.
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