ARCHANA KUMAR Vs. BHANU KUMAR JAIN

JUDGEMENT

(1.) BEING dissatisfied with the ex parte judgment and decree dated 1-11-1985 passed by the learned VIth Additional District Judge, Jabalpur, in Civil Suit no. 17-A/84, the defendant Nos. 2 and 3 (who later on became defendant Nos. 1 and 2 after the death of original defendant No. 1, Suchitra), have preferred this first appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code' ).

(2.) THE plaintiff filed a suit for partition of house and land adjoining to it situated in Napier Town of the Jabalpur city (more fully described in the schedule to the plaint) and mesne profits and also claimed past mesne profit as rs. 5500/- and future mesne profit @ 150/- per month till actual physical possession is delivered to him. The relationship of the parties, as is evincible from the pleadings, is apposite to setforth by a family-tree :-<IMG>np_376_mpht5_2003.jpg</IMG>

(3.) THE deceased/defendant Smt. Suchorita Mukherjee was the mother while the present appellant No. 1 Smt. Archana Kumar is the real sister of the plaintiff. Smt. Archana Kumar got married to Shri S. N. Kumar, appellant no. 2. Said Shri N. N. Mukherjee died on 15-11-1944 and after his death his widow Smt. Suchorita and the son - plaintiff Purendu Prakash Mukherjee succeeded to the property of the deceased.