S.J.MUKHOPADHAYA, J. - (1.) THIS petition under Article 227 of the Constitution has been preferred by 3rd defendant/ petitioner against the order dated 13th October, 2004 passed by Sub -Judge V, Hazaribagh in Title (Partition) Suit No. 93 of 1977, whereby and whereunder, the Court below allowed the amendment petition dated 21st September, 2004, as preferred by the plaintiff/1st respondent.
(2.) THE case of the petitioner is that one Suropati Chakravarty, father of plaintiff/1st respondent filed the aforesaid suit for partition being Title Suit No. 93 of 1977, claiming partition of 1/4th share in the Schedule 'B ' properties and half share in the Schedule 'C ' properties. Schedule 'C ' properties which is the subject matter of the present writ petition, comprised of 20 decimals of Plot No. 2904 under Khata No. 225. The original plaintiff, father of present plaintiff/1st respondent claimed that the Schedule 'C ' property was acquired jointly by one Suropati Chakravarty and another Shreepati Lal Chakravarty and, therefore, both of them have half share each i.e. 10 decimals each. D to 6th DefenDants appeareD anD fileD written statement to contest the suit. They contenDeD that the total areas of 43 Decimals of Plot No. 2904 was reclaimeD by Shreepati Lal Chakravarty anD ex -lanDlorD granteD raiyati settlement by a hukumnama DateD 23rD January, 1937 anD thus shreepati Lal Chakravarty was the exclusive owner. It was further pleaDeD that out of 43 Decimals, 15 -1/2 Decimals were given by Shreepati Lal Chakravarty to his 3rD brother JagDish ChanDra Chakravarty anD out of the balance area of 27 -1/2 Decimals, certain portions were alienateD anD in the balance area Shreepati Lal Chakravarty constructeD rooms for shops which were let out to tenants.
(3.) 11th and 12th defendants also appeared before the Court below and filed their joint written statement. According to petitioner, 11th and 12th defendants in their written statement also admitted the fact that a number of rooms for shops, were constructed and were let out by Shreepati Lal Chakravarty.;