KUNJA BEHARI RANA Vs. GOURHARI RANA

JUDGEMENT

(1.) Defendants 1 to 3 have appealed to this Court against a preliminary decree passed by the Subordinate Judge, Second Court, Midnapur, directing partition of certain items of properties which had been claimed by the Plaintiffs PS joint family properties.

(2.) The plaintiffs' claim so far as the immoveable properties are concerned (described in Schedule Ka to the Plaint) has been allowed. The claim to moveables, mortgage bonds and decrees included in Schedules Kha and Ga has been dismissed as the plaintiffs failed to prove the existence of any of those items at the time of the filing of the plaint. Schedule Gha included the stock-in-trade of a brass metal foundry business and not the business itself. Such stocks also were found not to be in existence.

(3.) The immoveable properties which have been held to be joint family properties liable to partition stand in the name of different members of the family. For a proper appreciation of the conflicting claims we need refer to the relationship between the parties as it appears from the following genealogical table: <IMG>JUDGEMENT_105_AIR(CAL)_1958Image1.jpg</IMG> Although the present appeal is limited to the immoveable properties only and the claim in respect of the stock-in-trade of the brass foundry business has been dismissed we shall all the same be required to consider who had been running such business and whether any or more of the properties in suit were acquired out of the profits of such business. It is the common case of both the parties that a brass foundry business had been carried on in the family but the dispute is whether such business was started and/or developed by Kirtibas along with his sons or by Kunja alone.