BENOY LAL SARKAR Vs. PRONOB KUMAR SARKAR

JUDGEMENT

(1.) Both these appeals arose out of a common judgment and decree dated March, 30, 1961 passed by learned Subordinate Judge, Malda in Partition Suit No.69 of 1952. By the judgment impugned learned Judge of the Trial Court decreed the suit in part in preliminary form declaring the shares of co-plaintiffs namely Satya Charan Sarkar and Sabitri Sundari Sarkar together, contesting defendant No.1 Bipra Charan Sarkar and defendant No.4 Kadambini Sarkar as one-third each in the remaining Ejmali properties, that is, Ejmali Zemindari, Pattani and the Bastoo Bati at Maheshpur and at Puratuli. The parties were directed to effect amicable partition in respect of those joint properties within three months, with liberty to apply for a final decree in the event of failure to effect available partition.

(2.) The appellants of Appeal No.68 of 1962 namely Prabhati Roy and Arati Roy originally filed said partition suit praying for partition and accounts making following averments:

(3.) Defendant No.1, 5, 6 and 7 namely Bipra Charan, Biroj Kamini (wife of Bipra Charan), Biharilal (son of Bipra Charan), Motilal Roy (son of Puroshottom Roy) filed a joint written statement alleging as follows: