NIRUPAMA GHOSH Vs. PURNIMA GHOSH

JUDGEMENT

(1.) This appeal by special leave filed by defendant no. 1 arises out of a judgment and decree for partition and accounts passed by the learned Subordinate Judge of 24 Parganas (Title Suit No. 37 of 1956) and confirmed by the High Court of Calcutta in Appeal No. 295 of 1960.

(2.) Respondent No. 1 was the plaintiff in the suit. Defendant no 1 is her step sister. Their father Gyanendra Krishna Ghose had two wives. The name of the first wife was Saradindu Nivanani Dasi and from her he had six daughters. The name of the second wife who predeceased Gyanendra was Anil Probha Dasi. The plaintiff Purnima was her daughter. Gyanendra died in about 1940 and his first wife Saradindu Nivanani Dasi died in October, 1955. At the time of her death the plaintiff Purnima and defendant no. 1 Nirupama were the only two unmarried daughters and were thus entitled to the estate of Gyanendra Krishna Ghosh. Defendant no. 1 had challenged in the suit the plaintiff's paternity but both the courts have held that she was the daughter of Anil Probha Dasi, the second wife of Gyanendra Krishna Ghose and it is not disputed before us that both the plaintiff and defendant no. 1, should be regarded as the heirs of Gyanendra Krishna Ghose.

(3.) Gyandendra Krishna Ghose left behind him some immovable property in Calcutta but we are concerned in this appeal with only one of them. That property is at present described as premises No. 49B Girish Mukherjee, Road and premises no. 15B, Ramesh Mitter Road. They adjoin each other - the first one being to the North of the second .Together they are part of what was formerly known as premises 49 Girish Mukherjee Road, Later the Northern portion of premises 49 was described as premises 49A Girish Mukherjee Road and the Southern portion was described as premises 15A Ramesh Mitter Road, Gyanendra had a brother named Prafulla Krishna Ghose and by an arrangement between them in 1937 the properties were partitioned. The Northern portion described as premises 49A was divided into two parts - the Western part measuring 8 kattas 3 chittaks along with the built portion over it going to the share of Gyanendra Krishna Ghose and the Eastern portion measuring 5 kattas 3 chittaks and 27 sq. feet going to the share of Prafulla Krishna Ghose. Premises No. 15A was also divided into two parts. The Southern portion of it admeasuring 12 acres 1 chittak and the Northern part of it admeasuring 6 kattas. This portion measuring 6 kattas is now designated as premises no. 15B. The original no. 49A Girish Mukherjee Road continued to be the number of the premises therein which went to the share of Prafulla Krishna Ghose and similarly the original no. 15A continued to be the description of its Southern portion after the division.