DHANANJAY PATRA Vs. AMIYA KUMAR BASU CHAUDHURI

JUDGEMENT

(1.) THIS appeal is from the judgment and decree passed in appeal whereby an appeal from the decision of the learned Munsif in a suit for partition was allowed.

(2.) STATED briefly the facts are as follows : The suit property which includes a tank measuring about 0. 29 acre and a doba measuring about 0. 11 acre originally belonged to one Kamdeb Patra who held the same as a tenant under an annual Jama of Rs. 24/ -. He died leaving four sons, namely, Anu, Bhanu, Sonu and Prankrishna. On Sonu dying unmarried his said 3 brothers got each 1 /3rd share in the suit property. Thereafter Anu died leaving his son Krishnalal ; Bhanu died in or about 1950 leaving his widow Manjari, plaintiff No. 5 and 3 sons namely plaintiff No. 1 Dhananjoypur, plaintiff no. 3 Bonamali and plaintiff No. 4 Kucho and Prankrishna died in or about 1952 leaving his widow Memo and two sons, namely, plaintiff No. 2 Bishnupada and defendant No. 4 Keshab.

(3.) ON the aforesaid allegations the plaintiffs brought the present suit for partition on a declaration that the relevant entries in the revisional record-of-rights were erroneous, that they together with defendant No. 4 inherited 2/3rds share in the suit property and that the Roychowdhury who are defendants Nos. 1-3 acquired 1/3rd share only which they got by purchase from said Krishnalal, son of Anu.