MAKHAN LALL BOSE Vs. SUSHAMA RANI BASU

JUDGEMENT

(1.) This is an appeal on behalf of defendants 1 to 4 and is directed against a preliminary decree for partition. The parties to the suit are descendants of one Tinkari Basu. The plaintiff Sushama is the wife of one of the grandsons of Tinkari and is the transferee of the interest which another grandson of Tinkori had in the joint family estate. The defendants are the other descendants of Tinkori who have an interest in the joint family property.

(2.) The plaintiff prayed for partition of the share purchased by her. Various defences were raised by the different sets of defendants, but in view of the limited points raised in the present appeal it is not necessary to refer in detail to the divergent cases as made by the parties in the lower Court. The two questions raised in the present appeal are whether there had been a previous partition as between the parties, and whether on the facts of the present case the provisions of Section 4 of the Partition Act can be invoked.

(3.) The learned Subordinate Judge held that the plaintiff had her alleged title to and possession of the disputed properties. The story of a previous partition as set up by the defendants was not true and that the defendants were not entitled to the benefits of Section 4 of the Partition Act in respect of the residential house. Certain other points discussed by the lower Court will be referred to when the cross-objection filed by the plaintiff and some of the defendants is considered.