Bikash Ranjan Deb vs Bibhuti Bhusan Deb And Ors.

Heard Mr. S. Deb, learned Senior Counsel, assisted by Mr. B. Debnath, learned counsel appearing for the appellant. Also heard Mr. S. Bhattacharjee, learned counsel appearing for the respondent No.2, Mr. D.R. Choudhury, learned Senior Counsel, assisted by Mr. S. Sarkar, learned counsel appearing for respondent No.3 as well as Mr. S. Lodh, learned counsel appearing on behalf of respondents No.1, 4, 5 and 6.

At one stage of hearing of the present appeal, I have heard some of the respondents personally.

Mr. Deb, learned Sr. Counsel has raised objection to the order passed by the learned Court below in regard to the execution of the final decree. According to learned Sr. Counsel, though, the appellant is occupying the first floor of the building, but he has not been given any share of that building. It is the claim of the appellant that the portion of the building, which the appellant has been occupying with his family members at the first floor of the building, should be allocated to him.

Mr. Deb, learned Sr. counsel appearing for the appellant has urged that he has no other grievance.

On personal interactions with some of the respondents present in the Court today and also on consent of the learned counsels appearing for the respondents, I pass a direction to the effect that the portion of the first floor of the building under the occupation of the appellant, Bikash Ranjan Deb shall be a part of his shares upon the entire partitioned land, i.e. the entire suit properties. In other words, the part of the building the appellant is occupying shall form a part of final decree as the share of the appellant including his other shares in the suit properties as determined by the Survey Commissioner and directed by the court.

This direction/order has been passed on consent of the learned counsels appearing on behalf of all the parties. The plot numbers which are not mentioned in the plaint should not be taken into account in the decree of partition.

The trial Court shall proceed with the execution of the decree according to the final decree accepting the report of the Survey Commissioner, and in accordance with the order passed today by this Court allocating the share of the appellant, Bikash Ranjan Deb to the extent of the part he is occupying at present in the first floor of the residential building.

With this limited question and the answer given here-in-above, the instant first appeal stands disposed.

The stay order passed by this Court stalling the further proceeding shall stand vacated.

Send down the LCRs.