(1.) This appeal is directed against a judgment and decree passed in a partition suit by S.K. Datta J. on November 29, 1967.
(2.) One Bhuban Mohan Banerjee left two sons Asutosh and Pramatha. Pramatha died intestate leaving his widow, Sm. Malatimala, the Defendant No. 2 and several daughters. Asutosh died intestate leaving three sons Nilratan, Nagendra, Rajani and two daughters Sm. Santabala and Dasimoni. Santabala married Nagendra Nath Ganguly. She died, survived by her husband, in September 1942, intestate and childless leaving some Immovable properties, premises No. 33, Paikpara Raja Manindra Road and premises Nos. 27A, 27B and 27C, Anath Nath Deb Lane, Paikpara. Of her brothers, Rajani and Nagendra Nath Banerjee were alive at the time of her death, Nilratan having predeceased her.
(3.) Asutosh and Pramatha died seized and possessed of premises No. 5, Ganguly Lane, Calcutta.