RADHA GOBINDA ROY Vs. DURGARANI DASSI

JUDGEMENT

(1.) This appeal arises out of a suit for partition and accounts. The suit has been decreed in part in a preliminary form for partition. The claim for accounts has been dismissed by the learned Subordinate Judge. Defendants Nos. 2, 3, 4, 5 and 9 have come up on appeal to this Court. The Plaintiff has filed a cross-objection.

(2.) The suit included a large number of immovable properties mentioned in schs. Ka and Kha of the plaint, sch. Ka comprising 37 lots or items and sch. Kha comprising 4 lots or items. In sch. Ga were mentioned certain movable properties, and in connection with, her claim for accounts, the Plaintiff appended certain items in sch. Gha of the plaint for which, amongst others, she claimed compensation.

(3.) The suit was originally contested by Defendants Nos. 1, 2, 3, 4, 5, 6 and 9 who filed written statements denying the Plaintiff's claim. Eventually, however, Defendants Nos. 1 and 6 compromised the suit with the Plaintiff admitting her title to the suit properties and Defendant No. 1 applied for a separate allotment in his favour in respect of his share on partition. Defendant No. 8 from whom the Plaintiff had purchased the suit properties filed a written statement supporting the Plaintiff's claim but did not take any further part in the trial in the court below. Defendants Nos. 7 and 10 did not appear in the case and did not contest the Plaintiff's claim.