MANINDRA KUMAR BOSE Vs. BISWANATH CHURIWALLA

JUDGEMENT

(1.) THE above partition and administration suit was instituted on the 24th December, 1974 by Biswanath Churiwalla, Pawan kumar Churiwaiia and Sanjoy Kumar churiwalla against Chiranjilal Churiwalla. Sm. Bhagwati, Churiwalla, Hem chand Churiwalla, Bijay Kumar Churiwalla impleaded respectively as the defendant Nos. 1, 2, 3 and 4 claiming, interalia, declaration of shares of the parties, partition by metes and bounds "and allotment of the divided shares in two joint properties, namely, premises No. 1, Gobinda Dhar Lane, Calcutta and 12, Brojo dulal Street, Calcutta. The defendants filed their written statement in the suit.

(2.) ON 13th May, 1981, on terms of settlement filed by the parties in Court, a preliminary decree was passed in the suit directing the joint properties to be divided into 15 equal shares. It was declared that the plaintiffs would jointly be entitled to l|5th and the defendant would be entitled to the balance 45th. Manindra Kumar Bose, Barrister at Law was appointed as the Commissioner of partition. He was directed to partition the said properties by metes and bounds with power to allot compensation and to submit his return within ten months from the date of the decree.

(3.) THE Commissioner, thereafter, walked over the joint properties and took symbolical possession thereof. At a meeting of the parties held on the 10th May, 1981 a Chartered Engineer and Valuer was appointed by consent to survey and value the joint properties.