(1.) The present appeal has been preferred against a judgment declaring the shares of the parties in the estate of one Sushil Kumar Sett, since deceased, primarily comprised of the shares in different companies standing in the name of the said Sushil Kumar Sett.
(2.) The brief background of the case is that initially the present appellants had filed an application for obtaining a succession certificate, dividing the subject property of the said proceeding into five schedules, namely Schedules A, B, C, D and E. Insofar as the Schedules C, D and E are concerned, the plaintiffs/respondents herein conceded to the exclusive title of the present appellants to the said properties.
(3.) However, insofar as the property (primarily shares of Sushil Kumar Sett in different companies) covered by Schedules A and B of the succession certificate application is concerned, it was an admitted position that the present defendants/appellants were entitled only to 1/6th share therein whereas the plaintiffs had 5/6th share.