Bibek Chaudhuri, J. - (1.) Plaintiffs of partition suit No.131 of 2011 which was decreed in preliminary form by the learned Civil Judge (Senior Division) Kandi, Murshidabad and subsequently reversed in appeal by the learned Additional District Judge, Kandi, Murshidabad in Title Appeal No.2 of 2014 are the appellants in the instant second appeal.
(2.) The plaintiffs/appellants filed Partition Suit No.131 of 2011 praying for preliminary decree for partition in respect of 4 decimal of land out of 7 decimal of land recorded in RS khatian No.131, plot No.218 corresponding to LR khatian No.437 and 566. It was pleaded by the plaintiffs/appellants that one Abdul Rob and Abdul Bari were joint owners of the aforesaid plot No.218 in respect of 8 anna 12 gonda and 7 anna 8 gonda shares respectively. Their names were recorded in RS Record of Rights according to their respective shares. Subsequently in revisional settlement the name of Abdul Rob was recorded, however, wrongly in respect of only 8 anna share in respect of the said plot No.218 (hereafter described as the suit property). The said Abdul Rob died leaving behind his wife, one son and 3 daughters. By a registered deed of sale executed on 7th January, 2011 and registered on 10th January, 2011, the said heirs of Abdul Rob, since deceased transferred 3 decimal of land in favour of the plaintiffs. The defendant/respondent No.1 purchased 1 decimal of land in the suit property from another co-sharer namely, Abdul Bari. Subsequently, the defendant transferred the said 1 decimal land in the suit property in favour of one Romjan Seikh, elder brother of appellant No.1. Romjan Seikh against transferred the said one decimal of land in the year 1998 by a registered deed of sale in favour of appellant No.1. Thus the appellant No.1 becomes the owner of 4 1/2 decimal of land by purchase through two separate deeds of sale. Sometimes in 2011 the defendant/respondent No.1 declared that he purchased the suit property by a registered deed of sale dated 29th June, 2011 from the heirs of another Abdu Rob, since deceased, son of one Golap Bibi since deceased. The appellants requested the respondent No.1 to effect partition of the suit property amicably, but the respondent refused such proposal. So, the plaintiffs filed the said suit for preliminary decree for partition and other consequential relief.
(3.) The defendant/respondent No.1 contested the said suit by filing written statement wherein he denied the case made out by the plaintiffs/appellants. Specific case of the respondent was that the original owners of the suit property were one Abdul Bari, son of Saisar Rahaman and Abdul Rob, son of Mehendi Seikh and Golapi Bibi. They were residents of village Parbatipur within PS Khargram, Kandi. Abdul Bari expired leaving behind two sons and four daughters. They inherited the share of Abdul Rob in the suit property after his death. Subsequently, on 8th June, 2011 they jointly transferred their share in the suit property in favour of the defendant/respondent. Thus, the defendant became the owner of the property which was originally owned by Abdul Rob, since deceased, son of Mehendi Seikh and Golap Bibi. It was further pleaded by the defendant that vendors of the plaintiffs are the legal heirs and successors of another Abdul Rob, since deceased, son of Sohorab Seikh and Jinu Bibi. Further case of the defendant/respondent is that he also purchased the entire share of Abdul Bari and became owner of the entire suit property. The plaintiff/appellant has no right, title and interest over the suit property accordingly he prayed for dismissal of the said suit.;