SASANKA BHOWMICK Vs. AM1YA BHOWMICK

JUDGEMENT

(1.) THIS is a defendant's (No. 1) appeal against a preliminary decree passed in a suit for partition of joint family properties. Before we enter into the question raised, we would indicate brief outline of the circumstances under which the present appeal arises.

(2.) ONE Raimohan Bhowmick, since deceased, who was a Hindu governed. by the Dayabhaga School of Hindu law died leaving him surviving the plaintiff Amiya Bhowmick whom he married for the second time after the death of his first wife, one son Sasanka bhowmick, defendant No. 1 and one maitrayee Debi, then a widow of his another son P. K. Bhowmick, since deceased. He also left considerable movable and immovable properties the widow Amiya Bhowmick instituted a suit for partition on or about 20th december, 1957 in respect of the properties both movable and immovable left by her husband against Sasankar and Maitrayee Debi. Her case briefly is that she along with the defendant no. 1 already obtained a successor certificate in respect of debts and securities mentioned in Schedule 'c' or the plaint but owing to the troubles created by defendant No. 1 it has become impossible for her to pay other debts or obtain mutation of names and there have been difficulties in the way of peaceful enjoyment and possession of joint residential house known as Maya Bhavan at Jadavpur and other immovable properties described in Schedule 'd', 'e' and 'f'. In spite of demand for an amicable partition, it is alleged that the defendant no. 1 did not agree in collusion with his father-in-law one J. C. Nath to such amicable partition. The plaintiff and each of the other two defendants are entitled to an equal l/3rd share in respect of the disputed properties and that is how a declaration of shares and partition of the properties ought to be effected. By a subsequent amendment of the plaint another Schedule 'g' was incorporated consisting of certain annuities, shares and immovable properties.

(3.) THE suit has been contested by the defendant No. 1 who filed one written statement and three additional written statements. Summary of pleadings omitted.