SATCHIDANANDA SAMANTA Vs. RANJAN KUMAR BASU

JUDGEMENT

(1.) The Sub-Ordinate Judge, 10th Court, Alipore heard the T.S. No. 1/54 re-numbered as T. S. 49/73 together with T.S. No, 57/61, T.S. No. 32/62 and T.S. No. 103/65 analogously under order of the High Court, Calcutta and have delivered a common judgment and decree dated 18th December, 1974.

(2.) Being aggrieved Satchidananda Samanta, the plaintiff in T.S. No. 1/54 has filed F.A. No. 21/76, Ranjan Bose, the plaintiff in T.S. No. 57/61 has filed F.A. No. 22/76 against the judgment and decree passed in T.S. No. 103/65, Achutananda Samanta, the plaintiff of that suit preferred the T.A. No. 183/75 and Satchidananda Samanta preferred T.A. No. 135/75 in the Court of the learned District Judge, Alipore. They have now been transferred to High Court, Calcutta so that F.A. No. 21/16 and F.A. No. 22/76 can be heard analogously with T.A. No. 135/75 and T.A. No. 183/75. Be it noted that nobody has preferred any appeal against the judgment and decree passed in T.S. No. 32/62.

(3.) The facts of the above Titles Suits against which the above appeals have arisen may be briefly stated as follows :- Saichidananda Samanta has filed T.S. No. 1/54 which has been re-numbered as T.S. No. 49/73. Satchidananta Samanta filed this suit for partition and accounts against Ranjan Kumar Bose, Smt. Khirodamoyee Dassi, his mother, since deceased and Achutananda Samanta, his elder brother. Subse- quently, Bishnu Pada Pramanik, Abdul Latif and others were added as defendants of that suit. The subject matter of the suit is 41 cents of land in Dag No. 614 of Khatian No. 231 of Mouja-Joy Chandipur, P.S.-Budge Budge with a pucca structure being a Cinema House thereon. Subsequently, 14 cents of land in Dag No. 621 under Khatian No. 286 of the same Mouja has also been included in the schedule of the property. The plaintiff has alleged that the suit property along with other properties belonged to their father, Gopi Nath Samanta who died in Jaistya, 1341 B.S. leaving Satchidananda and Achutananda, the two sons and widow, Khirodainoyee as heirs and legal representatives. They remained in joined possession of the properties including the suit property. Before his death Gopinath stacked huge quantities of bricks and kept in stock timbers, door, windows, window frames etc. With the consent of Satchidananda, Achutananda started construction of a Cinema House on Dag No. 624 utilising the bricks and timber materials .stacked by their father. As Satchidananda has not been given the accounts in respect of the income of the said cinema house inspite of repeated demands, he has brought this suit for partition claiming 8 annas share in the lands and structures and the business of the cinema house. He has impleaded Sri Ranjan Bose as the plaintiff has come to know Ranjan Bose has purchased 6 annas sha re of the land as well as the cinema house from Achutananda. With these allegations the above suit for partition and accounts have been filed. As in the written statement of Ranjan, it was disclosed that the added defendants. Bishnu Pada Pramanik and Abdul Latif were brought in by Achutananda as partners to the cinema business, Bishnu Pada and Abdul Latif have been added and one Keshab Chandra Rakshit has also been added as defendant Nos. 2(Ka), 2(Kha) and 2(Ga). Achutananda having died during the pendency of the suit has been substituted by his heirs and legal representatives. The suit was contested by Ranjan Kumar Bose, Achutananda Samanta and also by Bishnu Pada and Abdul Latif Ranjan Bose and Achutananda Samanta filed separate written statement and Bishnu Pada and Abdul Latif have filed a joint written statement.