SARASWATI NANDI Vs. NARAYAN CHANDRA DAS

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Decree dated September 15, 2006 and October 19, 2006 respectively passed by the learned Civil Judge (Sr. Division), Alipore, 24 Parganas (South) in T.S. No. 44 of 2006. Briefly stated, the case of the appellant (the plaintiff of the original suit and hereinafter referred to as the appellant) is that the properties, movable and immovable both, referred to in the scheduled 'A ' , 'B ' and 'C ' of the plaint originally belonged to one Sudhanshu Mohan Das, being a Hindu and to be governed under the Daybhaga School of Hindu Law and he died intestate on March 1, 1971 leaving the appellant and the respondents (defendants of the original suit and hereinafter referred to as the respondents) as his legal heirs.

(2.) THE respondent no. 1 (defendant no. 1 and hereinafter referred to as respondent no. 1) was the only adult member of the family and he began to look after the immovable properties, jewellery business under the name and style of M/s. Laxminarayan Das & Sons at 81, Chowranghee Rd. and money lending business left by his father Sudhanshu Mohan Das. In the later part of 1971, the said jewellery business was also started in the Premises No. 69, Chowranghee Rd.

(3.) THE appellant believing the statement of the respondent no. 1 and in good faith did not make any further enquiry. The respondent no. 1 informed the appellant that sometime after the death of their father, the jewellery shop at 69, Chowranghee Rd. Would run as the main shop and the original shop at 81, Chowranghee Rd. (Subsequently 81B, Chowranghee Rd.) Would be treated and run as a branch of the said business M/s. Laxminarayan Das & Sons.