BANSHIDHAR POLLEY Vs. KIRAN BALA ROY

JUDGEMENT

(1.) Sm. Kiran Bala Roy, the plaintiff-respondent herein, had instituted Title Suit No. 66 of 1962 in the 4th Court of the Subordinate Judge, Alipore, against her father, Srikrishna Polley and her brother, the petitioner, Sri Banshidhar Policy, as defendants 1 and 2, inter alia, for declaration that she had half share in Premises No. 5B, Ananda Banerjee Lane, P. S. Bhowanipore, and the two defendants jointly had the remaining half share, for partition by metes and bounds of the suit property and for permanent injunction to restrain the defendants from interfering with her possession. In her plaint Kiran Bala had stated that on 23rd July, 1962 her father Srikrishna Polley had purported to execute a fraudulant and collusive Deed of Gift in favour of his son, Banshidhar, in respect of half share of the suit property. But she did not pray for any relief in respect of the said deed in Banshidhar's favour.

(2.) Srikrishan Polley, the defendant No. 1, had filed a written statement in the said suit claiming that her daughter, the plaintiff, was his Benamdar. Srikrishnu claimed that he was the 16 annas owner of the suit premises. He also had stated in his written statement that out of his 16 annas interest he had made gift of the half share of the suit property in favour of his son. Banshidhar Polley, the present petitioner.

(3.) Banshidhar, the defendant No. 2 had also filed a separate written statement in the said suit, inter alia, supporting the case of the defendant No. 1 and also claiming that his father, the defendant No. 1, had validly gifted in his favour half share of the suit property. But he did not further contest the suit.