ANIRUDDHA DUTTA Vs. BHAWANI SHANKAR BASU

JUDGEMENT

(1.) TWO suits, CS(OS) No.2491/2009 and CS(OS) 163/2010 were filed seeking partition of property bearing Municipal No.66, Block B-4, Safdurjung Residential Area, Delhi, rendition of accounts, injunctions and declaration of decree dated 15.1.1976 as null and void. Appellants Aniruddha Dutta, Debashish Dutta and Arijit Dutta are the sons of late Ms.Mukul Dutta who was the daughter of late Ms.Nirod Bala Basu and appellant Debanjan Bishwas is the son of late Enakshmi Bishwas the daughter of late Ms.Mukul Dutta. They were the plaintiffs of CS(OS) No.2491/2009. Ira Dutta daughter of late Nirod Bala Basu was the plaintiff of the other suit i.e. CS(OS) No.163/2010. We highlight that the prayers made in both the suits were the same.

(2.) LATE Ms.Nirod Bala Basu was married to late Lalit Kumar Basu. The two were blessed with four sons and four daughters. The names of the four sons are:- (i) Birender Nath (ii) Shailender Nath (iii) Bhupender Nath (iv) Bhawani Shankar

(3.) LATE Ms.Nirod Bala Basu died on 21.02.1971 and it is the claim of her four sons Birender Nath, Shailender Nath, Bhupender Nath and Bhawani Shankar that during her life time their mother executed a will dated 01.02.1971 as per which she bequeathed property bearing Municipal No.66, Block B-4, Safdurjung Residential Area, New Delhi which consisted of a perpetual lease hold right under DDA in their favour in equal share, to the exclusion of her daughters.