Tripura High Court
Shri Nirmal Ch Ghosh vs Sri Partha Ghosh And Ors on 4 January, 2022
HIGH COURT OF TRIPURA
AGARTALA
CRP 14 of 2020
1. Shri Nirmal Ch Ghosh
S/O. Late Ganesh Ghosh
Village Ganki, P.O. Ganki. Khowai,
District Khowai Tripura.
2. Shri Bimal Ghosh
S/O. Late Ganesh Ghosh,
Village Ganki, P.O. Ganki. Khowai,
District Khowai Tripura.
3. Smt. Sucharu Bala Ghosh
W/O Shri Badal Ghosh,
Village Ganki, P.O. Ganki, Khowai,
District Khowal Tripura.
4. Smt. Kalpana Ghosh (Biswas)
W/O Sri. Shyamal Biswas.
resident of Barjalla, P.O Barjalla, Agartala,
District West Tripura
5. Shri Biswajit Ghosh
S/O. Late Naresh Ch Ghosh.
resident of B.B.C Para. P.O Khowai.
District Khowai Tripura.
6. Shri Prasenjit Ghosh
S/O. Late Naresh Ch Ghosh.
resident of B.B.C Para. P.O Khowai.
District Khowai Tripura.
7. Smt Pratima Ghosh
W/O Late Subhash Ch Ghosh.
Village Ganki, P.O. Ganki. Khowai,
District Khowai Tripura.
8. Sri Mahitosh Ghosh
S/O Late Subhash Ch Ghosh.
Village Ganki, P.O Ganki. Khowai,
District Khowal Tripura.
9. Smt. Dipika Ghosh
D/O Late Subhash Ch Ghosh.
Village Ganki, P.O. Ganki. Khowai,
District Khowal Tripura.
10. Sri Prantosh Ghosh
S/O Late Subhash Ch Ghosh.
Village Ganki, P.O. Ganki. Khowai,
District Khowai Tripura.
-----Petitioner(s)
Page 2 of 4
Versus
1. Sri Partha Ghosh and Ors
S/O. Unknown. C/O Sri Kumod Sarkar,
Kalikapur, Agartala, P.O.Ramnagar. West Tripura.
2. Smt Chumki Das
W/O. Sri Partha Ghosh.
C/O Shri Kumod Sarkar. Kalikapur, Agartala,
PO Ramnagar, West Tripura
3. (i) Smt. Rekha Rani Dey (Roy)
W/O Late Debasish Ch. Roy,
Town Ganki, PO Ganki, Khowai,
District Khowai Tripura.
(ii)Miss Diya Roy
D/O Late Debasish Ch. Roy
Town Ganki, PO Ganik, Khowai,
District Khowai Tripura.
4. Shri Jadu Roy
S/O. Late Digendra Kr. Roy
Town Ganki, PO Ganki, Khowai,
District Khowai Tripura.
5. Shri Bimal Deb
S/O. Late Pushpa Ghosh
Lalcharra, P.O Khowai,
District Khowai Tripura.
6. Smt Reba Das
W/O Shri Bimal Deb
Lalcharra, P.O Khowai,
District- Khowai Tripura.
-----Respondent(s)
For Petitioner(s) : Mr. T. D. Majumder, Sr. Adv.
For Respondent(s) : Mr. S. Lodh, Adv.
Date of hearing : 04.01.2022
Date of delivery of
judgment & Order : 04.01.2022
Whether fit for reporting : No
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Judgment & Order
It is the case of the petitioner that the respondent is not the son
of the deceased Kshitish Ghosh and under the garb of certain Wills the
respondent is selling the properties which is in dispute before the trial court
and the application which is said to be dismissed seeking to get the DNA
tested, the petitioner is before this court. The counsel for the petitioner
submits that the first respondent is alienating the properties to third parties
and nothing remains for the petitioners who are the siblings if they succeed
before the trial court.
[2] Counsel for the first respondent who claims to be the son of the
deceased Kshitish Ghosh and his spouse Fulu Rani Ghosh submits that in his
school records, and birth certificate and all documents indicates that the
respondent is the son of the deceased Kshitish Ghosh and relied upon a
judgment by the apex court in Goutam Kundu vs State of W.B and
Another (arising out of S.L.P (Cri) No.2648 of 1992 decided on 14-05-1993)
which says that in a routine manner the blood test need not be conducted to
prove the genuineness of the parents.
[3] Heard both sides.
[4] It is not in dispute that the petitioners herein who are the
petitioner-plaintiffs before the trial court that they are aware of the certificates
like Birth Certificate, School Records, and certificate from Revenue
Department, Aadhar Card, Ration Card and the certificate issued by the
Magistrate to show that where it reflects the name of Partha Ghosh son of
Kshitish Ghosh and Fulu Rani Ghosh remains unchallenged. The only attack of
the petitioner-plaintiffs before the trial court is challenging the Will and to
declare the petitioner-plaintiffs as legal heirs and not the first respondent,
Partha Ghosh. Unless and until there is a challenge to the birth documents and
school register to show that Kshitish Ghosh is not the father of the first
respondent, Partha Ghosh, there cannot be any direction to get the DNA of
first respondent tested to declare whether he is the son of the deceased
Kshitish Ghosh and Fulu Rani Ghosh or not.
[5] It is not for this court to go into the disputed question of facts
when appropriate remedy is available to the parties. The concern expressed by
the petitioners who are the siblings of the deceased that they have the vested
right and interest over the properties of their biological brother as legal heirs
and nothing remains if the first respondent and his spouse proceeds alienating
the properties and create third party interest. It is not for this court to decide
this aspect.
[6] However, petitioners-plaintiffs are at liberty to move applications
before the concerned court seeking appropriate remedy in support of their
claim to protect the property. In the event of filing of any such application, it
is for the court below to consider the same on its own merit without being
influenced by the observation made by this court in this revision petition.
[7] For the reasons mentioned above, this court is not inclined to
interfere with the present CRP and accordingly, the same stands dismissed
and the orders passed by the trial courts are not interfered.
In view of the above, interlocutory application, lying pending, if
any, stands disposed of.
Send down the LCRs forthwith.
JUDGE
Dipak
