ASHOK KUMAR BHAGAT Vs. SHANTI DEBI

JUDGEMENT

(1.) The plaintiff in the suit is the appellant in the instant proceedings.

(2.) The plaintiffs approached the Court seeking a declaration that the lands within Schedule 'A' is part of ancestral dwelling house purchased from the funds earned through the coparcenary business of the plaintiff's father. Relief has also been sought with respect to tenancy rights of Schedule 'B' property consisting of two godown- Calcutta High Court F.A. 146 of 2022dt.6/2/2024 cum-shoprooms. They have also claimed share in the gold ornaments, 45 Bhories 6 annas and cash specified in Schedule 'C', as also a share in the movable assets as specified in Schedule 'D'.

(3.) The plaintiffs made out a case that one Oudh BehariBhagat carried on coparcenary business governed by the MitaksharaSchool, along with his three sons Ram Nagiana Prasad Bhagat, RameswarProsadBhagat and Ram Chandra ProsadBhagat. Upon demise of Oudh BehariBhagat on 14/1/1939, Ram Nagiana Prasad Bhagat became the 'karta'. The three brothers along with Barunibala Devi, their mother, became coparceners.