RFA No. 01/2013. Case: Bijan Roy and Ors. Vs Shila Kushari and Ors.. Tripura High Court

Case NumberRFA No. 01/2013
Party NameBijan Roy and Ors. Vs Shila Kushari and Ors.
CounselFor Appellant: P.K. Dhar and R.G. Chakraborty, Advocates and For Respondents: D. Chakraborty, Sr. Advocate and H. Laskar, Advocate
JudgesT. Vaiphei, C.J. and S. Talapatra, J.
IssueProperty Law
Judgement DateDecember 16, 2016
CourtTripura High Court

Judgment:

T. Vaiphei, C.J., (At Agartala)

  1. The appellants are the legal heirs of the original defendant No. 3 (late Smt. Rama Roy), who died during the pendency of this appeal and were allowed to substitute her by the order dated 22-4-2015 in C.M. application No. 116 of 2015. The respondents were the plaintiffs in the suit.

  2. The plaintiff No. 1 is the respondent No. 1 while the plaintiff No. 2 is the respondent No. 2 in the appeal. The defendant No. 1 is the respondent No. 3, whereas the defendants No. 5 and 6 are the respondents No. 6 and 7 herein respectively. The respondents No. 1 and 2 had instituted Title Suit (Partition) No. 40 of 2009 in before the learned Civil Judge (Senior Division), West Tripura against the defendants No. 1, 2, 3, 4, 5 and 6 seeking partition of the suit land. The case of the plaintiffs is that the deceased mother-in-law of the plaintiff No. 1, namely, Parimal Devi, was the original owner of the suit land over which she constructed a dwelling house, which she possessed during her lifetime with her family members, namely, the parties in the suit. Her mother-in-law died on 5-1-1980 leaving behind her three sons and three daughters as her legal heirs. The plaintiffs and the respondent No. 6 are the legal heirs of the late Parimal Devi and the respondent No. 6 is the legal heirs and survivors of the late Saurindranath Kushari, who, in turn, was the son of the said Parimal Devi, while the appellant-defendant and the respondents No. 4 and 5 are the daughters of the said Parimal Devi.

  3. After the death of the said Parimal Devi, her right, title and interest over the suit land devolved upon the surviving three sons and three daughters by way of inheritance. On 6-12-1989, the said Saurindranath Kushari, one of the sons of the late Parimal Devi, died leaving behind the plaintiffs and the respondent No. 6 as his legal heirs and survivors. His right to over 1/6th share of the suit land devolved upon the plaintiffs and the respondent No. 6; the parties to the suit are the joint owners and possessors of the suit land. The appellant-defendant, however, started construction of a building on the suit land without partition and without the consent of the plaintiffs, for which the plaintiff No. 2 time and again requested her for amicable partition of the suit land, but she refused to do so, which ultimately prompted the plaintiff No. 2 to institute the suit.

  4. The stance taken by the appellant while contesting the suit is...

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