RATNA GHOSH Vs. SASANKA NATH CHANDRA

JUDGEMENT

(1.) The present appeal has arisen against the judgment and preliminary decree passed in a partition suit.

(2.) The successors-in-interest of the original defendant in the suit, who are the appellants herein, contend that it was specifically pleaded in the written statement that the defendant has solely constructed the first and second floors over the suit property. The said construction, it was pleaded, was with the defendant's own fund with the help of her sons.

(3.) Exclusive possession of the first and second floors of the defendant and her branch of the family has also been claimed. It is submitted that during evidence, the DW1 (Defendant's Witness No. 1) produced several documents to show that the materials for construction of the first and second floors were purchased by the defendant.