INDRAJIT CHATTERJEE, J. - (1.) This Court is hearing the Second Appeal as against the judgment and decree passed by the learned Additional District Judge, Kandi, District: Murshidabad, as passed in connection with Title Appeal No. 8 of 2007 on 29 -03 -2008 wherein the learned First Appellate Court was pleased to confirm the judgement and decree as passed by the learned Civil Judge (Senior Division), Kandi, of the same District as passed in connection with Partition Suit No. 158 of 2001 dated 05 -06 -2007.
(2.) The learned courts below was pleased to dismiss the suit on contest as it did not believe the solenama decree passed in connection with Partition Suit No. 64 of 2951 which was marked as Exhibit -4 before the learned Trial Court. The suit was also held to be not maintainable on the ground of partial partition as the entire property of the parties were not brought into hotchpotch of such partition suit. The suit was held to be defective for non - joinder of necessary parties.
(3.) It was submitted by the bar that Anis Sk. who got the property from Jibas Molla and Ambar Sk. who also purchased the portion of the suit property from that Jibas Molla were necessary parties. It is the admitted position that Anis Sk. and Ambar Sk. purchased the property from Jibas Molla in the year 1938 by a common deed (Exhibit -1).;