PRAKASH CHANDRA MUKHERJI Vs. NANDARANI DEBI

JUDGEMENT

(1.) This is the Plaintiff's suit for possession of two rooms on the second floor of premises No. 5, Brindaban Mallik First Lane, Calcutta, said to be in the occupation of the first five Defendants. The first five Defendants are all relations of the Plaintiff. The first Defendant, Sm. Nandarani Debi, is the widow of the Plaintiff's deceased brother Sudhir and the second, third, fourth and fifth Defendants are the sons of the said deceased brother by Defendant Nandarani. The fourth and fifth Defendants are minors represented by their mother as guardian-ad-litem. The sixth Defendant is the last Defendant, who is a brother of the Plaintiff.

(2.) The Plaintiff's case is that, by a deed of gift, dated May 20, 1902, one Trailokya Nath Banerji, deceased, made an absolute gift of premises No. 5, Brindaban Mallik First Lane, Calcutta, to his daughter Sm. Sushila Debi. Sm. Sushila Debi is the mother of the Plaintiff. It is a small property standing on one cottd and eight chhataks of land. It is a two-storied building. Sm. Sushila Debi, during her life time, was in possession of the said premises. She died intestate on January 14, 1945, leaving her surviving the Plaintiff and Defendant Nandalal Mukherji, her two sons. Sm. Sushila Debi had two other sons, Nirmal and Sudhir, but Nirmal died in 1927 and Sudhir died in 1943.

(3.) Plaintiff and Defendant Nandalal now claim, as the heirs and legal representatives of the said Sm. Sushila Debi and in that capacity they claim to be absolutely entitled to the said premises in equal shares. Plaintiff now says that the occupation of two rooms on the second floor of the said premises by the first five Defendants is wrongful and he gave them notice to quit on April 5, 1948. As the first five Defendants have not complied with such notice, the Plaintiff filed this suit for possession.