ATINRA NATH CHAKRABARTY Vs. ANIL KUMAR CHAKRAVARTY

JUDGEMENT

(1.) This first appeal is at the instance of the plaintiff No.2 in a suit for partition and is directed against the judgment and decree dated 18th September, 1965 passed by the learned Subordinate Judge, Nadia in Title Suit No. 20 of 1962 thereby declaring eight annas share of the plaintiffs in the suit property with a finding that the remaining eight annas share are held by defendant No. 1, the pro forma defendant Nos. 2, 5 and 6 jointly.

(2.) Two plaintiffs filed a suit for partition against the defendant No. 1 claiming that they had jointly acquired twelve annas share in the property and that the defendant No.1 had the balance four annas share. In the said suit, the pro forma defendant Nos.2 and 4 were made parties because the name of pro forma defendant No. 2 figured as purchasers along with plaintiffs and defendant No. 1 and the pro forma defendant No. 4 was the mother of the pro forma defendant No.2 who was admittedly a minor at the time of acquisition of the suit property. Pro forma defendant No.3 was made party because she allegedly purchased a portion of the property from the pro forma defendant No. 2. The pro forma defendants Nos.5 and 6 are the brothers of the defendant No.1.

(3.) The case made out by the plaintiffs in the plaint was that immediately after the partition of India, the plaintiffs decided to come over to the West Bengal from the District Rajsahi, their place of residence and at that point of time, they along with the defendant No.l jointly purchased the suit property in the District of Nadia. According to plaintiffs, the defendant No. 1 was the son of their uncle and was minor at the time of purchase and four annas share of the consideration money was paid by his father. The plaintiffs further averred that the father of the pro forma defendant No, 2 was their brother who died at that point of time at a premature age and as such, out of love and affection, they included the name of pro forma defendant No. 2 as a co-purchaser in the deed although neither he nor his mother contributed any amount.