S.B. Sinha, J. - (1.) This appeal is directed against a judgment and decree dated 9.3.83 passed in a final decree proceedings in Title Suit No. 20 of 1971 passed by Subordinate Judge, 5th Court, Alipore, North 24 Parganas.
(2.) The original defendant No. 2 is the appellant. The relationship of the parties would appear from the following genealogical table : JUDGEMENT_89_LAWS(CAL)3_2000_1.html
(3.) Only two questions have been raised in this appeal by Mr. Dasgupta, the Ld. Counsel appearing on behalf of the appellant. It was submitted that his client has been allotted plot No. 61/A and 63 out of the 8 premises of which premises No. 63, 65, 68 and 70 were in joint possession. Premises No. 63 is a dwelling house and therein a part of the premises had been allotted to the Appellant. According to the Ld. Counsel, there is only one staircase which has been allotted to defendant No. 3. It was submitted that as some room in the first floor had been allotted in favour of his client, the staircase ought to have been kept joint and in support of the said contention reliance has been placed on Mitra on 'Joint Property and Partition' at page 361 as also a decision of the Punjab and Haryana High Court in Dina Nath v. Mansa Ram, reported in AIR 1973 Punjab & Haryana 253.;