- (1.) The appeal is directed against a Judgment and decree dated 29th November, 2007 by which the learned Trial Court issued a preliminary decree in a partition suit declaring that the plaintiffs and the defendants have 1/7th share each in the suit plots. However, the defendant no.1 was declared to be the exclusive owner with regard to portion of the suit plots acquired by her by sell from the original owner Radharani Adhikary. In other words, after deducting the area which was purchased by the defendant no.1, the balance land is to be distributed amongst the parties to the suit in the ratio of 1/7th share each.
(2.) Aggrieved by the Judgment and decree the plaintiff has come up in appeal.
(3.) Dr. Mondal, learned advocate appearing for the plaintiffs/appellants, submitted that the land allegedly purchased by the defendant no.1 from Radharani should not have been excluded nor the same should have been declared to be under the exclusive ownership of the defendant no.1 because the alleged sale is invalid in law.;