KAMAL BASU MAZUMDAR Vs. USHA BHADRA CHOWDHURY

JUDGEMENT

(1.) This is an appeal from a final decree of partition. The appeal is urged only with regard to the dwelling house, now wholly occupied by the parties, i.e. the appellant brother and the respondent sister.

(2.) Their ancestor, i.e. their father died on the 10th June, 1973, leaving him surviving, his then alive widow and the two parties herein.

(3.) Each of them had undivided 1/3 share in the house at that time, which was also partly tenanted. Paragraph 8 of the plaint states the fact of such tenancy.