LAL BEHARI SAMANTA Vs. GOURHARI DAWN

JUDGEMENT

(1.) THIS appeal is at the instance of the plaintiffs and it arises out of a suit for injunction restraining defendant No. 1 from exercising any act of joint possession in respect of an undivided share of a dwelling house.

(2.) THE case of the plaintiffs is that C. S. plots Nos. 553 and 509 to 513 constitute the homestead proper of the plaintiffs and C. S. plots Nos. 516, 504 and 554 are parts of the homestead being tanks or lands adjacent to the homestead. Recently defendant No. 1 who is a stranger to the family purchased from one of the co -sharers an undivided share in C. S. plots Nos. 516, 504 and 554 and was threatening to interfere with the plaintiffs' possession. The plaintiffs accordingly prayed for an injunction in terms of the second paragraph of Section 44 of the Transfer of Property Act restraining defendant No. l from exercising any act of joint possession in respect of these three plots.

(3.) THE Court of First Instance decreed the plaintiffs' suit in respect of C. S. Plots Nos. 516, 504 and 554 holding that they are parts of the undivided family dwelling house of the plaintiffs and that there was no partition by metes and bounds amongst the co -owners of the dwelling house, the question of the easement right being left open by consent.