SWAPAN KUMAR DAS Vs. ILA DAS

JUDGEMENT

(1.) This first appeal involves a very small question and can be disposed of summarily. The appeal is filed by the original defendants. Suit was filed by the sister seeking partition of the family property left behind by their father who died on 07.01.2013. The plaintiff pointed out that there were immovable properties over which all three siblings, i.e. plaintiff the sister and defendants the two brothers would have equal right. In such suit one of the grounds taken by the defendants in the written statement was that father had left behind a fixed deposit of Rs.12,00,000 (rupees twelve lakhs) where the sister was a nominee and such amount should also form part of the common hotchpotch to be equally divided amongst all members of the family. The plaintiff was examined as PW-1. In her sworn statement with respect to this allegation of her brothers she had stated as under:

(2.) The trial Court while allowing the suit, in the context of the claim of the brothers of fixed deposit of Rs.12,00,000 (rupees twelve lakhs) this is what the learned Judge had to say:

(3.) At the outset, learned counsel for the respondent original plaintiff stated that the plaintiff sticks to her declaration made in the deposition before the trial Court and always was and still ready and willing to equally divide the said fixed deposit of maturity value of Rs.2,19,560.