AIROnline 2020 Tri 188

Tripura High Court

Hon'ble Judge(s): Arindam Lodh , J

Hindu Law - Joint family property- Suit for partition - Plaintiffs claiming their joint right, title and interest on basis of exchange deed - Predecessor of plaintiffs and defendant No.9 to 12 and predecessor of defendants No.1 to 6 became joint owners of total landed property on basis of registered exchange deed - Survey Commissioner upon physical verification of suit land found total 17.10 acres of land instead of 18.41 acres as mentioned in schedule of property - Survey Commissioner did not mention about actual possessors and owners of said additional quantum of land - Finding of Trial Court that plaintiffs have got no cause of action to claim partition of their un-identified joint property - Whatever quantum of land, it is to be partitioned between parties to suit and partition has to be caused against whole suit land - Plaintiffs having cause of action, entitled to decree of partition of suit - Plaintiffs and proforma defendant Nos.9 to 12 entitled to get 50% and defendants No.1 to 6 entitled to get 50% shares of suit land. (Para 12 13 15) .....