AJIT K SAHA Vs. NAGENDRA N SAHA

JUDGEMENT

(1.) This is a suit for partition of the estate of one Kamal Krishna Saha. Kamal Krishna died on 20-10-1921 leaving him surviving as his sole heiress his widow Panchurani. Kamal Krishna had no son. Panchurani died on 22-11-1954. The parties to this suit are the next reversioners who want a partition of the estate of Kamal Krishna.

(2.) Kamal Krishna died leaving the following immoveable properties : Premises No. 43D, Circular Garden Reach Road, Premises Nos. 116/2A, 116/2B, 116/2C and 116/D, Circular Garden Reach Road and premises No. 3B, Sett Bagan Lane. Of the properties left by Kamal, premises No. 116/2B and premises No. 116/2C have been sold to pay off the debts of Kamal Krishna by Panchurani as administratrix of the estate of Kamal pursuant to orders of the Court. It appears that Panchurani also transferred and conveyed the premises 43D, Circular Garden Reach Road to one of the defendants Nagendra but without obtaining any order of the Court.

(3.) All the heirs of Kamal Krishna except the defendant Nagendra are the plaintiffs in this suit. The defendants impleaded are Nagendra and his son Bolai. The defendant Bolai has been impleaded as a party on tire allegation that he is the benamdar of Nagendra and certain transfers and demises have been made by Panchurani in favour of Nagendra in the benami of Bolai. These demises and transfers have been challenged in this suit.