LABANYA BALA DEBI Vs. PARUL BALA DEBI
HIGH COURT OF CALCUTTA
SM.LABANYA BALA DEBI
SM.PARUL BALA DEBI
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A.K.Sinha, J. -
(1.)This appeal is by the defendant appellant against an appellate judgment and decree of reversal.
(2.)The plaintiffs respondents filed a suit for partition of C. S. Plot No. 1356 measuring more or less 5 cottahs of land appertaining to Khatian No. 344 of Mouza Jainagore. This plot belonged to one Kedar Sadbukhan who sold in specific portions the entire plot by different registered documents of conveyance to the predecessors of plaintiffs Nos. 1 and 2 and to the respondent No. 3 and to the father of respondent No. 4 and the predecessors of the present appellant Labanyabala, the defendant No. 3 in the original suit. The case of the plaintiffs is that the defendants are co-sharers but as it was not possible to possess the property jointly partition of the property is necessary.
(3.)Defendant No. 3 the present appellant who alone contested the suit filed a written statement denying all material allegations. Her specific case is that she purchased 3 cottahs 9 chittaks of land with defined boundaries but with the description in the conveyance that the land measured 2 cottahs. She has alleged that she has been in possession of 3 cottahs 9 chittaks of land for more than 12 years and constructed her house there. It is further alleged that the plaintiffs 1 and 2 previously brought a suit against her for encroachment of their land and under an award made by the Arbitrator appointed in this suit she paid a sum of Rupees 150/- for encroachment of half cottahs of land to the plaintiffs and the matter was finally closed. The suit for partition is not maintainable and in any event the plaintiffs were estopped from bringing any further suit against her. The defendant No. 1 the present respondent No. 3 also filed a written statement supporting virtually the plaintiffs. Subsequently after filing their written statements on their prayer they were added as co-plaintiffs.
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