TARINI KAMAL PANDIT Vs. PRAFULLA KUMAR CHATTERJEE DEAD

JUDGEMENT

(1.) This appeal is by plaintiff 1, legal representatives of plaintiff 2 and plaintiff 3 by certificate granted by the High Court of Calcutta against its judgment dismissing the suit.

(2.) The suit was filed by the plaintiffs for the declaration of each of the plaintiffs' title to the extent of 1/4th share each and in all 3/4th for all the premises with findings that the suit property and the premises were purchased in co-ownership awarding the plaintiffs and the defendants equal 1/4th share each in terms of the agreement dated 2-4-1960 and for partition of the suit property and premises in equal 1/4th share each and for a decree of Rs. 45,000 with further accruals by way of receipt of further rent till full realisation of the claim. In the alternative a decree for accounts of the dissolved partnership on declaration of dissolution of the same and partition of the suit property and premises in equal 1/4th share to each of the plaintiffs and the defendant by metes and bounds.

(3.) The defendant in his written statement denied the claim of the plaintiff and contended that the suit property was never purchased in co-ownership or that the plaintiffs were entitled to 3/4th share. He contended that plaintiffs 2 and 3 advanced Rs. 10,000 each as loan and that they had no claim to the property he having purchased the property in court auction as the absolute owner.