SHANTILATA PAUL Vs. SWAPAN KUMAR PAUL

JUDGEMENT

(1.) This is directed against Order dated 27th February, 2003 passed by the learned District Judge, Howrah in Miscellaneous Appeal No. 77 of 2002 arising out of Order No. 38 dated 4th March, 2002 passed by the learned Civil Judge, (Junior Division), 2nd Court, Howrah in connection with Title Suit No. 90 of 2001.

(2.) Grievances of the petitioner/plaintiff may briefly be stated as follows.

(3.) The petitioner/plaintiff is the mother of the defendant/O.P.No 1 and the proforma Opposite Parties. Petitioner's husband was the 'karta' of the Dayabhaga Hindu family comprising of himself, the petitioner and the pp&osite Parties as well as one Bhabatosh Das Gupta, since deceased. Petitioner's family in order to purchase the land comprising in the suit property being Municipal premises No. 709/1, Sarat Chatterjee Road, P.S. Shibpur, Howrah, approached the Shibpur Co-operative Bank as O.P. No. 1 was an employee of the said Bank since 1981 and the said Bhabatosh Das Gupta was an active member of the Co-operative. Such loan of Rs.25,000/- was taken in the name of O.P. No. 1 forthe aforesaid reason. The land was purchased by the husband of the petitioner on 19.01.1983 at a consideration money of Rs. 35,000/-. The registered deed of conveyance was executed in favour of the Shibpur Co-operative Bank Limited in view of the land agreement between the O.P. No. 1 and the said Bank. There could be no scope for any anxiety in this regard as O.P. No. 1 is son of the petitioner and was the only male member in the family. O.P. No. 1 at the relevant time had an income of about Rs. 450/- per month only and, as such, was not in a position to share the family burden and so was required to liquidate the loan amount without contributing any money towards running of the family.