FATECHAND MAHESRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of the plaintiffs and it arises out of a suit for declaration of title. Recovery of possession, permanent injunction and other consequential reliefs. The principal question involved in this appeal is whether each of the coparceners of a Mitakshara Joint Hindu family is an intermediary within the meaning of the West Bengal Estates Acquisition Act, 1953.

(2.) The plaintiff No. 1 Fatechand Mahesri is the father of the plaintiffs 2, 3 and 4. The plaintiffs Nos. 5 to 10 are the grandsons of the plaintiff No. 1 Fatchand. Plaintiffs Nos. 5 and 6 are the sons of the plaintiff No. 2 Sitaram, plaintiff Nos. 7 to 9 are the sons of plaintiff Nos. 3 Gouri Sarkar and the plaintiff No. 10 is the son of the plaintiff No. 4 Lakshmi Narayan.

(3.) The case of the plaintiffs was that the plaintiffs constituted a joint Hindu family governed by the Mitkshara School of Hindu Law. Fatechand Mahersri was the Karta of the said joint family. The properties described in Schedule 'A' of the plaint were the joint family properties acquired with the ancestral funds. It was alleged that the joint status of Fatechand and his three sons, namely, the plaintiffs Nos. 2, 3 and 4 was severed on and from April 10, 1946. In view of the said severance each of the plaintiffs Nos. 1 to 4. However, constituted separate joint family with his sons and continued to live jointly for some time. It was alleged that on April 1, 1955, the sons of Fatechand declared their intention to sever their joint status with their respective sons. There was, therefore, complete severance in status of the members of the joint family constituted by the plaintiffs.