KALI KRISHNA DAS (DEAD), AFTER HIM PRAVATI DAS AND OTHERS Vs. BISUDHANANDA DAS (DEAD) AFTER HIM BHASKAR CHHATOI

JUDGEMENT

(1.) The plaintiff Bisudhananda Das filed the suit for permanent injunction against the defendant No. 1 Kalikrushna Das for permanent injunction restraining him from creating disturbance in his separate possession by constructing a wall separating his portion from that of the defendant No. 1. The Trial Court decreed the Suit and the appeal by the defendant No. 1 was also dismissed. The defendant No. 1 has filed the present Second Appeal.

(2.) The facts of the case arc stated below:

(3.) Although defendant No. 1/appellant claimed in his written statement that the residential house was not partitioned by metes and bounds, it appears from the judgment of both the courts below that during hearing both the parties i.e. the plaintiff and defendant No. 1 admitted that the residential house was partitioned in the year 1945 under a registered partition deed elated 27th Dec., 1945. Accordingly, no issue was raised on the question whether the residential house was partitioned or not.