SUNIL BOSE Vs. SEFALI BOSE

JUDGEMENT

(1.) THE plaintiff has alleged that the disputed property at 7 Mullen Street," Ballygunj, belonged to her father-in-law, Siddheswar Bose, who was governed by the Dayabhaga School of Hindu Law. He died leaving his widow, Hari Dassi Bose and five sons, Sushil Bose (Defendant No. 1), Sudhir Bose ( plaintiff's husband ), Sunil Bose (defendant no 2), Suravi Bose and Saroj Bose (defendant no. to 3) and his five sons inherited the property. Subsequently Hari Dassi and Sudhir expired. Thus the plaintiff acquired one-fifth share in the property. Then Suravi Bose died unmarried and his one-fifth share in the \ property devolved upon defendant nos. 1 3. The plaintiff's allegation is that the four-fifths share in the property belongs to defendant nos. 1 to 3. She called upon the defendants to effect a partition, but they declined to comply with her request. Hence the suit for partition and accounts.

(2.) THE defendants have filed a written statement. The defence is that Sudhir Bose was a drunkard. On the 22nd August, 1941, he sold his one-fifth share in the property in favour of his four brothers, i. e. , defendant nos. 1 to 3 and Suravi Bose because. he had personal debts and for carrying on his business. After the sale the defendants arc in exclusive possession of the property. The plaintiff has no possession; the suit is barred by time and adverse possession.

(3.) AFTER the written statement was filed the plaintiff has amended the plaint and stated that her husband Sudhir Bose became wayward. With a view to preventing his one-fifth share in the property from being wasted and alienated, he was prevailed upon by his relations to execute a sham and benami kobala dated 22nd August, 1941, in favour of his brothers. No consideration passed and Sudhir Bose retained his one-fifth share of the property till his death.