DEBIDAS MONDAL Vs. SHIB KANTA MONDAL

JUDGEMENT

(1.) This appeal is against a judgment and order dated 27th February, 1969 and preliminary decree passed by the 4th Court of Subordinate Judge, Alipore, 24 -Parganas in a suit for partition and rendition of accounts being Title Suit No.88 of 1968 instituted by one Shib Kanta Mondal, since deceased, predecessor in interest of the substituted respondent Nos. 1(b) and 1(c). The suit has been decreed on contest against the defendant Nos. 1 to 5 and ex parte against the rest of the defendants, in preliminary form.

(2.) The learned Trial Court declared that the plaintiff had right, title and interest in respect of the properties described in Schedule Ka, Ka(1), Kha, Ga, Gha, Cha and Chha to the extent of his 1/6 share and the parties were directed to effect amicable partition by metes and bounds. The defendants were also directed to render accounts of the alleged joint family business to the defendants.

(3.) Late Jiban Mondal, grandfather of the original plaintiff, left two sons, Paramananda and Sarbeswar. Paramananda died in 1347 BS, that is in 1940/1941, leaving his widow Gnanadamoyee and three sons Laksmikanta, Shib Kanta, i.e. the original plaintiff and Debidas, the defendant No.1. Laksmikanta died in 1356 BS, long before institution of the suit, leaving his widow Atarbala, impleaded defendant No.6 and four sons, Gangadhar, Sudhir, Adhir and Bhudhar being the defendant Nos.2, 3, 4 and 5. Sarbeswar, who was issueless, died about 10 years after Paramananda's death, leaving his widow Jodumoni as his only heir.