SUBHAS CHANDRA SADHUKHAN Vs. SANDHA RANI SADHUKHAN

JUDGEMENT

(1.) The plaintiff has instituted the suit for partition of movable and immovable properties situated at 12A, 12B and 12C, Gobinda Sen Lane and 30, Keshab Sen Street, Calcutta (hereinafter referred to as suit properties ). The plaintiff has also prayed for rendition of accounts and allotment of shares by metes and bounds. The plaintiff No.1 series are the grand children of Jogindra Nath Sadhukhan. The plaintiff No.2 series are the great grand children of Jogindra Nath Sadhukhan. The defendant No.1 is one of the grand daughters of Jogindra Nath Sadhukhan and the defendant No.2 is one of the grandsons of Jogindra Nath Sadhukhan. The defendant No.3 is one of the grand children of Jogindra Nath. In fact, the present suit is between the legal heirs of the two daughters of Jogindra Nath against the legal heirs of the son of Jogindra Nath.

(2.) On or about 10th March, 1949, one Balai Chand Sadhukhan since deceased who is the common ancestor of all the parties in the suit, executed a Deed of Settlement which was registered with the Registrar of Assurance on 11th March, 1949. The deed of settlement, according to the plaintiff, provides that Balai Chand has created a trust of which he as the settlor made permanent provisions or arrangements for the benefit of himself during his lifetime and for benefit of his five sons and their respective heirs and for that purpose he appointed himself as the First Trustee in respect of the properties settled thereunder and transferred, conveyed, assigned and assured unto him or the person and/or persons who would act as Trustee or Trustees all the immovable properties forming part of the settlement.

(3.) The said Balai Chand Sadhukhan had five sons, namely, Surendra Nath Sadhukhan, Nagendra Nath Sadhukhan, Jitendra Nath Sadhukhan, Debendra Nath Sadhukhan and Jogindra Nath Sadhukhan.