JOGENDRA NATH MONDAL Vs. ADHAR CHANDRA MONDAL

JUDGEMENT

(1.) THIS appeal on behalf of the deft. arises out of a suit filed by the pltf. resp. for permanently restraining the deft. from taking joint possession of the homestead.

(2.) THE property originally belonged to the members of a family and the relationship amongst the parties 'will appear from the following genealogical table: NILMONI Dinanath Troilokya Baikuntha=Giribala Rameswar Siddhesar=Narayani Daughter Adhar Pashupati Pltf. Jaladhar Sasadhar

(3.) THE defence inter alia raised various issues. The deft. claimed that he was an agnatic relation of the pltf's. family, the property in question was not a homestead and at least a portion thereof was neither a part of the homestead nor the necessary adjunct thereto. It was further claimed that the members of the family had been in possession of separate portions after partition and the portion sold was not a part of any joint homestead. The pltf. and Narayani were possessing lands separately. It was further contended that the suit as framed is not maintainable and the relief as claimed is not available to the pltf. in the present proceedings.