KASISWAR BASU Vs. NAKULESWAR BOSE

JUDGEMENT

(1.) The present appeal arises out of a suit brought by a member of a joint Hindu family for partition.

(2.) One Sitanath Basu died leaving a widow Tarangini and six sons, Bireswar, Kasiswar, Triguneswar, Nakuleswar, Kesabeswar and Sureswar. The eldest son Bireswar died leaving a will under which he gave his share in the properties to his two brothers Kasiswar and Nakuleswar. The youngest son Sureswar died intestate without any issue. His share in the property devolved on his mother Tarangini. On 15-9- 1944, Kesabeswar transferred his interest in the residential house which is the subject-matter of. the present suit in favour of Nakuleswar. Nakuleswar brought the present suit for partition of the residential house as between himself, his two brothers Kasiswar and Triguneswar and his mother Tarangini,

(3.) Admittedly, the joint family had several properties and in those properties all the brothers including Kesabeswar and the widow Tarangini have some interest. The plaintiff's case is that in the property in suit, viz., the residential house, Kesabeswar is not interested, and this is the only-property held jointly by him along with bis two brothers and his mother which is required, to,be partitioned.