MADHU SUDAN DUTT Vs. MALABIKA DUTT

JUDGEMENT

(1.) The instant suit is instituted by the original Plaintiffs praying for declaration that the premises no.26, Sitaram Ghosh Street, Kolkata and 31, College Row, Kolkata belong to and form part of joint family properties; a declaration of the shares of the parties in various properties mentioned in Schedule "A" of the plaint; a declaration that the deed of gift dtd. 1/2/1964 is a sham and benami transaction not meant to be acted upon and is invalid and void; direction to the original defendants to render true and faithful accounts; partition of joint family properties by metes and bounds along with other reliefs.

(2.) The plaint case is that the common ancestor of the parties herein Nani Gopal Dutt, since deceased, was a common ancestor of the parties and was the sole and absolute owner of various movable and immovable properties described in Schedule A of the plaint. Out of various immovable properties premises no. 8B, Nabin Pal Lane, Calcutta was acquired by the said Nani Gopal Dutt, since deceased, as a result of the partition between himself and his brothers. Properties located at premises no. 26, Sitaram Ghosh Street, Calcutta as well as 31, College Row, Calcutta were acquired by the said Nani Gopal Dutt out of his own money but in the benami of his wife Smt. Rani Bala Dutt, since deceased. The said Nani Gopal Dutt died intestate in October 1951, leaving behind him his surviving son Paresh Chandra Dutt, the original Defendant, his widow Rani Bala Dutta and three grandsons, being the original Plaintiffs, of his predeceased son Suresh Chandra Dutt. Smt. Rani Bala Dutt died on 9/8/1952 and she was governed by Dayabhaga School of Hindu Law. Baidya Nath Dutt, the original Plaintiff No.1 and one of the son of the predeceased son of Nani Gopal Dutta died on 1/10/1985 intestate leaving behind him his wife Depti Rani Dutt, son Sumit Kumar Dutt and daughter Barnasree Dutt who were substituted later on. Paresh Chandra Dutt died on 9/4/1986. His legal heirs and successors were substituted in the suit as Defendants. The properties mentioned in "Schedule A" are joint properties. Paresh Chandra Dutt, since deceased used to act as manager of the joint properties and funds and had misapplied the income, as alleged. It is averred in the plaint that Paresh Chandra Dutta, since deceased used to claim the immovable properties located at 26, Sitaram Ghosh Street, Kolkata and 31, College Row, Kolkata as properties of her mother and for that reason he inherited such properties from her mother to the exclusion of the original Plaintiffs. It is the case of the original Plaintiffs that the said properties were purchased by Nani Gopal Dutt in benami of Rani Bala. Real owner of the said properties was Nani Gopal Dutt. As such, on demise of Nani Gopal Dutt, the sons of predeceased son of Nani Gopal Dutt, being the original Plaintiffs are entitled to inherit the said properties. It is also the case of the original Plaintiffs that the original Defendant Paresh Chandra Dutt, since deceased transferred and conveyed to his sons his undivided half shares of the properties located at premises no.16 and premises no.17, Beniatola Lane, Kolkata. The remaining undivided half share of these two properties, belong to the original Plaintiffs. Claiming all the properties mentioned in Schedule "A" of the plaint as joint properties, the instant suit was filed praying for reliefs, as stated above. List of immovable properties set out in Schedule "A" are:

(3.) The original Defendants contested the suit by filing written statement. It is denied that Nani Gopal Dutt was sole and absolute owner or acquired properties alleged in the list given in Schedule A or that he was the owner of ornaments or jewellery or cash amounting to Rs.1,00,000.00 as alleged in Schedule A. It is also denied that Nani Gopal Dutt was owner of premises no. 26, Sitaram Ghosh Street, Calcutta and 21, College Row, Calcutta. It is contended in the written statement that Nani Gopal Dutt since deceased, at the time of death, left behind premises no. 8B, Nabin Pal Lane and 16 and 17 Beniatola Lane, Calcutta as well as shares of United Bank of India a sum of Rs.10,000.00 and some furniture and utensils. It is also contended in the written statement that Nani Gopal Dutt had no right, title or interest in the properties located at Premises No. 26, Sitaram Ghosh Street, Calcutta and 31, College Row, Calcutta. It is the case of the Defendants that Rani Bala Dutt, mother of the original Defendant purchased the premises no. 26, Sitaram Ghosh Street on 21/6/1940 out of her stridhana properties. Similarly Rani Bala Dutt purchased on 28/9/1943 the premises no. 31, College Row, Calcutta for lawful consideration out of her stridhana money. She was sole and absolute owner of those two properties. Rani BalaDutt died intestate on 9/8/1952. On her death the original Defendant inherited two properties, namely, premises no. 26, Sitaram Ghosh Street, Calcutta and 31, College Row, Calcutta as her only son and legal heir to the exclusion of the original Plaintiffs. It is the contention of the written statement that on death of Nani Gopal Dutt the Plaintiffs and the original Defendant became his legal heirs and successors. It was further stated in the written statement that the original Plaintiffs and the original Defendant were joint owners of the property located at premises no. 8B, Nabin Pal Lane along with 250 shares of United Bank of India and some utensils and furniture. It was denied that Nani Gopal Dutt left a sum of Rs.1,00,000.00. The original Defendant in terms of her registered deed of gift dtd. 1/2/1964 transferred to his sons, namely, Defendant Nos. 2 to 6 of his right, title and interest in respect of premises no. 16, Beniatola Lane, Calcutta and 17, Beniatola Lane, Calcutta by registered deed of gift and have since to any proprietary interests therein. As a result of such transfer the Plaintiff and the original Defendant jointly owned and only premises no. 8B, Nabin Pal Lane, Calcutta, 250 shares in United Bank of India and some other articles.