PRADIP CHOWDHURY Vs. DILIP CHOWDHURY

JUDGEMENT

(1.) This appeal preferred by the plaintiffs, assails the judgement passed by learned 5th Court of Civil Judge (Sr. Div.), Alipore on 3/9/2012.

(2.) To appreciate the lis, we need to indicate the facts of the case in brief. Depicting themselves as sons of late Samar Chowdhury, the plaintiffs/appellants contended that inter alia that Samar Chowdhury was the original owner of the properties in suit, who died intestate on 17/12/1983 leaving behind him surviving his widow, Smt. Bina Chowdhury and four sons as his legal heirs and successors, who acquired 1/5th each share in respect of the suit properties. Smt. Bina Chowdhury died intestate on 6/8/2006 leaving behind four sons as her legal heirs and representatives. Thus the four sons of late Samar Chowdhury and late Smt. Bina Chowdhury became owners having 1/4th share each in respect of the suit properties. By filing the suit for partition against their brother Dilip Chowdhury, the plaintiffs Sri Pradip Chowdhury, Sanjib Chowdhury and Rajib Chowdhury prayed for preliminary decree in respect of their 3/4th share in the suit property.

(3.) The defendant Dilip Chowdhury contested the suit by filing written statement before the Trial Court, wherein he admitted that after demise of his parents Samar Chowdhury and Smt. Bina Chowdhury he has acquired 1/4th share in respect of the assets set out in the schedule of the plaint. Learned Trial Court framed following issues :