MADHU SUDAN DUTT Vs. MALABIKA DUTT

JUDGEMENT

(1.) The instant suit was filed for partition and administration of the estate. There were five suit properties initially. These properties were:

(2.) Preliminary decree of the suit was passed by a Co-Ordinate Bench of this Court on 8/8/1994. In terms of the preliminary decree the properties located at premises no. 26, Sitaram Ghosh Street, Kolkata and 31, College Row, Kolkata were kept outside the ambit of the present suit. This Court decided that, so for as the other three properties are concerned, the original Plaintiffs are jointly entitled to 50% of the share of these properties and the original Defendants are jointly entitled to rest of the 50% of these properties. An appeal was preferred. On appeal against the said preliminary decree, the Division Bench remanded the matter for fresh trial in respect of the properties located at premises no. 26, Sitaram Ghosh Street, Kolkata and 31, College Row, Kolkata. But the Division Bench upheld the preliminary decree so far as the properties located at premises no. 8B, Nabin Pal Lane, Kolklata; 16, Beniatola Lane, Kolkata and 17, Beniatola Lane, Kolkata are concerned. In terms of the said preliminary decree the Co-Ordinate Bench directed to appoint Partition Commissioner for partition in respect of the last mentioned three properties.

(3.) During pendency, the original Plaintiffs did not proceed with the suit for which then Defendant No. 1, 3, 5 and 6 were transposed as Plaintiffs and other Defendants were arrayed as Defendant no. 2(a), 2(b) and 3.