Consolidated description of the suit property

 

Consolidated description of the suit property

The suit property is situated at Mouza – Khurigachhi, J.L. No. 21, RS Khatian No. 346, within the jurisdiction of Sonarpur Police Station, presently Narendrapur Police Station, District South 24 Parganas, West Bengal. The Parcha records Bankim Naskar, son of Akshay Naskar, as the recorded raiyat.

According to the Amended Plaint, the property comprises the following six Dag numbers and the corresponding portions claimed as part of the undivided suit property:

Dag No.	Classification	Total area of Dag	Portion included in suit property
766	Danga	9 Satak	1 Satak
796	Bastu	25 Satak	9 Satak
822	Shali	16 Satak	5 Satak
819	Shali / Pond (Pukur)	25 Satak	8 Satak
786	Shali	5 Satak	2 Satak
184	Shali	22 Satak	11 Satak
Total	—	102 Satak	36 Satak

Thus, the aggregate area of the portions forming the suit property is 36 Satak, although the aggregate area of the corresponding six entire Dags is 102 Satak. The Amended Plaint expressly describes the suit property as 36 Satak.

Parcha/ROR correlation

The Parcha for RS Khatian No. 346 identifies the same Mouza, J.L. No. and recorded raiyat, and its tabulation records the relevant Dags and the present interest in the plots. The first page records Dags 766, 796, 822 and 819, with classifications Danga, Bastu and Shali/Pond, while the second page records Dags 786 and 184, both classified as Shali.

The Parcha figures correspond substantially with the Plaint's description of the present interest:

• Dag 766 — present interest 1 Satak;
• Dag 796 — present interest 9 Satak;
• Dag 822 — present interest 5 Satak;
• Dag 819 — present interest 8 Satak;
• Dag 786 — present interest 2 Satak; and
• Dag 184 — present interest 11 Satak.

The total comes to 36 Satak.

Nature of the right claimed in the Plaint

The Amended Plaint states that the property was inherited from Akshay Naskar and that Bankim Naskar, Amar Naskar, Shankar Naskar, Ramesh Naskar, Pratima Kayal, Ashima Mondal, Sushma Mondal and Anima Mondal each have an alleged 1/8th undivided share in the property.

Accordingly, Amar Naskar claims 1/8th undivided share in the aforesaid 36 Satak suit property. The Plaint further states that the property remains undivided and unpartitioned, and seeks partition by metes and bounds.

Approximate mathematical entitlement

On the basis of the Plaint's stated total of 36 Satak:

36 Satak ÷ 8 = 4.5 Satak

Therefore, the Plaintiff's claimed 1/8th share corresponds mathematically to 4.5 Satak, subject to the actual mode of partition and adjustment of shares among the co-sharers.

Important drafting point

There is an important distinction which should be preserved in the pleading:

The six Dags together contain 102 Satak in their entirety, whereas the particular portions comprising the present suit property aggregate to 36 Satak.

The Plaint itself describes the suit property as the 36-Satak portion, rather than claiming the entire 102 Satak of the six Dags.

Also, the Parcha material separately contains records for Khatian Nos. 25 and 185, concerning other Dag/property particulars. Those records should not automatically be merged with the present suit property under RS Khatian No. 346 unless the title documents or genealogy establish their connection.

Suggested concise Schedule description

For use in the Schedule of Property in the amended plaint, the description can therefore be stated as:

ALL THAT piece and parcel of land measuring in aggregate 36 Satak, forming part of and comprised in Mouza – Khurigachhi, J.L. No. 21, R.S. Khatian No. 346, within P.S. Sonarpur, presently P.S. Narendrapur, District South 24 Parganas, West Bengal, comprising portions of Dag Nos. 766, 796, 822, 819, 786 and 184, being respectively 1 Satak out of 9 Satak of Dag No. 766, 9 Satak out of 25 Satak of Dag No. 796, 5 Satak out of 16 Satak of Dag No. 822, 8 Satak out of 25 Satak of Dag No. 819 (Pond/Pukur), 2 Satak out of 5 Satak of Dag No. 786 and 11 Satak out of 22 Satak of Dag No. 184, aggregating to 36 Satak, together with all rights, easements and appurtenances attached thereto, and being the undivided and unpartitioned property in which the Plaintiff claims 1/8th undivided share.

This formulation closely follows the Schedule in the Amended Plaint and the Dag-wise particulars appearing in the Parcha, without adding facts not supported by the documents.