The Calcutta High Court has dismissed an appeal seeking partition of a property, holding that the plaintiff had failed to establish any right, title or interest in the disputed plot and that other persons claiming interests in the property had not been impleaded in the suit.

A Division Bench of Justice Ravi Krishan Kapur and Justice Atarup Banerjee upheld the trial court's decision dismissing the partition suit, finding no legal infirmity or perversity in the impugned judgment.

The Bench observed that a suit for partition required the plaintiff to establish the source of his right, title and interest in the property and ensure that all co-owners or other persons having interests in the property were made parties to the proceedings.

“A partition of a property can be only among those having a share or interest in it,” the Court observed.

The Bench further explained that the right to seek partition arose from co-ownership and that a co-owner could approach the court when an amicable partition was refused by the other co-owners.

In the present case, the Court found that the disputed plot, numbered 1665, comprised 41 decimals, while the non-suit plot numbered 1665/2871 comprised 1.17 acres. It held that the plaintiff had no right, title, interest or possession in the disputed plot, whereas the defendant had a 14-decimal share in it.

The Court also noted that the parties' primary source of title flowed from the Revisional Settlement Record of Rights (RSROR), which had been finally published in the early 1950s and had not been challenged by either party.

“Significantly those parties who are also having right, title and interest over the suit premises have not been impleaded as parties in the said suit,” the Bench observed.

The appellant had argued that an incorrect recording of names in the Record of Rights could not extinguish any person's title to immovable property. The respondent, however, contended that the suit schedule was vague, the claim for partition lacked a legal basis and necessary parties had not been impleaded.

Rejecting the appeal, the High Court affirmed the trial court's judgment dismissing the partition suit. It passed no order as to costs.

Case Title: Safikul Islam Khan v. Dhulo Sk. & Ors.

Case No.: F.A. 303 of 2014