- (1.) Heard Mr. Mukherjee, learned Counsel for the appellant.
(2.) We are apprised of the fact that the suit plot nos. 4276 and 4276/4705 having a total area of 35 decimals described in 'ka' schedule of the plaint, a translated copy of which is placed on record, was amicably partitioned by a registered partition deed dated 5th March, 1954 between two brothers namely, Ramkrishna Pramanik and Vriguram Pramanik, which was marked before the learned Trial Judge as Ext. 9. Both the plots situated adjacent to each other. By virtue of said partition deed the northern part appertaining to plot no. 4276 measuring 19 dec. was allotted in favour of Ramkrishna Pramanik, whereas southern part measuring 16 dec. appertaining to plot no.4276/4705 was allotted to Vriguram Pramanik.
(3.) Ramkrishna Pramanik died leaving two sons namely, Biswanath Pramanik and Kashinath Pramanik. After death of their father, Biswanath and Kashinath by registered partition deed dated 21st February, 1975 got their joint properties partitioned including the suit plot no. 4276 by which the aforesaid northern side of plot no. 4276 measuring 19 dec. was allotted to Biswanath Pramanik.;