Tripura High Court
Sri Bikash Ranjan Deb vs Sri Bibhuti Bhusan Deb @ Bibhuti ... on 15 March, 2021
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HIGH COURT OF TRIPURA
AGARTALA
RFA NO.16 OF 2018
Sri Bikash Ranjan Deb,
S/o - Lt. Binode Behari Deb, Resident of Padmapur, P.O &
P.S - Dharmanagar, District- North Tripura, represented by
his duly constituted attorney, his son Sri Dibyajyoti Deb,
S/O - Sri. Bikash Ranjan Deb, resident of Vill- Padmapur,
P.O & P.S-Dharmanagar, District - North Tripura.
-----Appellant(s)
Versus
Sri Bibhuti Bhusan Deb @ Bibhuti Bhusan Debroy,
S/O- Late Binode Behari Deb of Darua(North), P.O.-Darua
P.S.- Contai, Dist- East Medinipur, West Bengal,
represented by his duly constituted attorney, Sri Nandan
Debroy, S/O Sri Bibhuti Bhushan Debroy @Bibhuti Bhusan
Deb, of Vill-Uttar Darua, P.O.- Darua P.S. Contai, Sub-
Division- Contai, District- East Medinipur, West Bengal, at
present residing at C/o- Sri Gouranga Dey of Padmapur
(Tilthai Road) P.O. and P.S. -Dharmanagar District- North
Tripura.
2a) Sudipta Debroy, W/O Satandra Debroy, Flat No.203,
2nd Floor, 75, Ibrahimpur Road, Jadavpur, P.S. Jadavpur,
Kolkata, West Bengal, Pin-700 032.
2b) Sumana Dey, W/O Sri Biswakalyan Dey, Flat No.1A,
1st Floor, E-192, Ramgarh, P.O. Naktala, P.S. Netaji Nagar,
Kolkata, West Bengal, Pin-700 047,
2c) Binayak Deb, S/O Lt. Bidhu Bhushan Deb, PO & PS
Dharmanagar, District-North Tripura.
2d) Smt. Sumita Nath Choudhury, W/O Abhijit Nath
Choudhury, 50, Ward-17, Padmapur, Near Padmapur Bazar
Shed, Dharmanagar, North Tripura, Pin-799 250.
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2e) Smt. Sangita Deb Datta, W/O Sri Bimal Datta, Office
Tilla, Dharmanagar, North Tripura, Pin-799 250.
2f) Smt. Sanchita Deb, D/O Lt. Bidhu Bhushan Deb,
Padmapur, Dharmanagar, North Tripura, Pin-799 250.
2g) Smt. Sanghamitra Deb, W/O Sri Bibhas Ranjan
Debbarma, W-16 Harichand Road, Near Akhra
Dharmanagar, Dharmanagar, North Tripura, Pin-799 250.
Defendant Pro Respondents
3. Sri Binayak @ Bhutul Deb, S/O Sri Bidhu Bhusan Deb
of Padmapur, P.O. & P.S. Dharmanagar, District-North
Tripura.
4. Smt. Sutapa Deb, W/O Sri Sudhir Pillai D/O - Lt. Bipul
Ch. Deb,
5. Smt. Sujata Deb, W/O - Sri Pizush Guhoroy, D/O Lt.
Bipul Ch. Deb
6. Smt. Suparna Deb,
W/O - Sri Soumyajit Choudhury D/O - Lt. Bipul Ch. Deb
residing at A-17, Chittaranjan Park, New Delhi- 1100019
7(a) Smt. Namita Deb, Wife of Late Biraja Mohan Deb
(b) Sri Bimal Kumar Deb
(c) Sri Biplab Kumar Deb
(d) Sri Bibhas Kumar Deb
all sons of Late Biraja Mohan Deb, residing at Ulubari,
Lachiit Nagar B.T College, House No. 03, Guwahati, Pin-
781007, Assam
8. Sri Bijan Deb, S/O- Late Bidyut Ranjan Deb
9. Smt. Swagata Nath (Deb)
W/O - Sri Arup Nath, D/O - Late Bidyut Ranjan Deb
10. Smt. Susmita Das Choudhury (Deb)
W/O - Sri Sanjit Das Choudhury D/O Late Bidyut Ranjan
Deb, All residing at Padmapur, PO and PS- Dharmanagar
District- North Tripura
11. Smt. Sabita Choudhury (Deb)
W/O- Sri Pragyesh Choudhury D/O- Late Bidyut Ranjan Deb
of Bhairab Sarani, P.O. and P.S- Dharmanagar, Dist- North
Tripura
-----Pro Defendant Pro Respondent(s)
BEFORE
HON'BLE MR. JUSTICE ARINDAM LODH
For Appellant(s) : Mr. S. Deb, Sr. Advocate
Mr. B. Debnath, Advocate
For Respondent(s) : Mr. D.R. Chowdhury, Sr. Advocate
Mr. S. Sarkar, Advocate
Mr. S. Lodh, Advocate
Mr. S. Bhattacharjee, Advocate
Date of hearing & delivery
of judgment & order : 15.03.2021
Whether fit for reporting : No
HON'BLE MR. JUSTICE ARINDAM LODH
J U D G M E N T & O R D E R ( O R A L)
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.
2. At one stage of hearing of the present appeal, I
have heard some of the respondents personally.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
JUDGE
