Bibek Chaudhuri, J. - (1.) This revisional application is directed against order No.275 dated 21st September, 2016 and order No.278 dated 22nd November, 2016 passed by the learned Civil Judge (Junior Division) Additional Court, Tamluk in Title Suit No.88 of 2007.
(2.) Predecessor-In-Interest of the present plaintiffs/petitioners filed a suit for declaration of title, recovery of possession and permanent injunction against the substituted defendants/opposite parties. It is contended by the plaintiffs/petitioners that one Madhab Chandra Bhuniya was the original owner of the suit property. Said Madhab Chandra Bhuniya had two wives, namely, Haripriya and Promoda. Out of wedlock between Madhab Chandra and Haripriya a son, named Troilokyo was born who, however died during the lifetime of his parents. The second wife of said Madhab Chandra gave birth to two daughters named Rashmoni and Phulmoni. Marriages of both Rashmoni and Phulmoni were solemnized with one Dhrubo Charan Jana. The present plaintiffs/petitioners are the heirs and legal representatives of Phulmoni and Dhrubo, while the defendants/opposite parties are the heirs of the said Dhrubo and Rashmoni. The plaintiffs/petitioners claimed the suit property through the process of inheritance and succession from their predecessor-in-interest. It is also pleaded in the plaint that the defendants/opposite parties have no right, title and interest over the suit property.
(3.) The defendants/opposite parties disputed the said contention of the plaintiffs/petitioners by filing Written Statement. It is the specific case of the defendants/opposite parties that the predecessor-in-interest of the plaintiffs/petitioners, namely, Phulmani Jana illegally asserted her right over the suit property claiming moiety share. In order to settle the dispute between the petitioners and opposite parties, a village salish was held on different dates in the month of May, 1985 and the joint property was amicably partitioned between its co-sharers on the basis of a deed of settlement, viz, 'Roydad'.;