SUHASHINI DASI Vs. AHI BHUSAN DE

JUDGEMENT

(1.) This is an appeal by the plaintiff from the judgment of the learned Subordinate Judge dismissing the plaintiff's suit for partition on the only ground that the suit was tarred by limitation under Article 123 of the Limitation. Act.

(2.) The plaintiff instituted this suit on the 31st May, 1954 against six defendants, four of whom were the defendants and the remaining two pro forma-defendants. The parties are all related to one another. The suit was valued at Rs. 6,000/-. The reliefs claimed in the suit were for a preliminary decree for partition and division by metes and bounds of the plaintiff's 8 annas share in the property in suit and if necessary for appointment of a Commissioner for such division and a final decree. The plaintiff is the daughter of one Bidyabhusan Dey who was the grandson of William Mahendra Nath Das and Srimati Dhanamoni Dasi through their only daughter and child Kumudini. The pro forma defendants are (1) Mrinalini, who is a daughter of Kumudini and a sister of Bidya and (2) Anil a son of Saibalini another deceased sister of Bidya. The real and contesting defendants are the widow Promodini and the sons of Promodini's deceased husband Phanibhusan, the brother of Bidya.

(3.) William Mahendra Math Das, the ancestor, died in 1911 leaving a will dated the 9th November, 1907. His wife Dhanamoni died in 1913 leaving a Will dated the 18th July, 1911. William and Dhanamoni left only one daughter Kumudini who died on the 25th August, 1923 leaving Bidya, Phani, Mrinalini and Saibalini as her sons and daughters. Bidya died on the 25th February, 1923, Phani died on the 6th February, 1949, Mrinalini died Pending appeal in 1961 and Saibalini had died before leaving the son Anil mentioned above.