NIVEDITA MUKHERJEE Vs. HIRONMOY BANERJEE

JUDGEMENT

(1.) Fat No. 115 of 2013 is directed against a preliminary decree passed in the partition suit being Title suit/Case No.126 of 2007 by which share of the sole plaintiff and the sole defendant was declared at 50% each in the suit property and they were directed to effect partition amicably within three months, failing which the parties were granted liberty to apply before the learned Trial Court for effecting the partition with the assistance of Court.

(2.) Fat No. 243 of 2013 is an appeal against the selfsame preliminary decree at the instance of the sister of the parties to the suit property. She claims that she has right, title and interest in the land jointly purchased by the plaintiff and the defendant on the basis that both of them have admitted during their deposition in the suit that they utilised money left by their mother in purchasing the land. It is on this basis that she applied for leave to prefer an appeal. Both the appeals were taken up together for hearing.

(3.) The following issues were framed during the trial:-