JABEDA KHATUN Vs. HAZI MOHAMMED IBRAHIM

JUDGEMENT

(1.) The suit out of which this appeal arises was a suit for partition in which the plaintiff also prayed for dissolution of certain businesses claimed to be joint and for accounts. The suit was instituted in the Court of the Subordinate Judge of Jalpaiguri on June 14, 1946, and it embraced (i) a number of immovable properties, (ii) certain shares in tea companies and (iii) four businesses, namely, a shoe business at No 23, Machuabadar Street, Calcutta, a stationery business at Cooch Behar, a hide business at No. 5. Cross Lane, Narkeldanga, Calcutta, and another hide business at Nilphamari (Rangpur). The plaintiff claimed a ten annas share in all the above properties and businesses and asked for partition, dissolution and accounts on that footing. The learned Subordinate Judge has found the plaintiff's share to be 9 annas 16 gandas 2 karas and 2 krantis and he has passed a preliminary decree for partition in favour of the plaintiff on that footing in respect of the above properties and businesses except in regard to the two hide businesses at No. 5, Cross Lane and Nilphamari, which were held by him to be separate and exclusive businesses of defendant No. 3 and defendants Nos. 1 and 3 respectively.

(2.) The plaintiff and the three defendants, defendants Nos. 1, 2 and 3, are closely related. Defendant No. 2 is the mother of the plaintiff and of defendant No. I and defendant No. 3 is the latter's husband. The plaintiffs father Abdul Gani died in or about February 1920, leaving behind considerable properties which, according to the plaintiff, included, inter alia, all the suit properties, shares and businesses. Abdul Gani left two widows, namely, the plaintiff's mother Julmat Bibi (defendant No. 2), a second wife Rejaki Bibi alias Buchi Bibi, one son, namely, the plaintiff Hazi Mo-hammad Ibrahim, and the daughter Jabeda (defendant No. 1). Jabeda had been married in or about the year 1314 B. S., that is, during -the life time of her father, and her husband was defendant No. 3 Abdul Ali.

(3.) Shortly after her husband's (Abdul Gani's) death, the plaintiff's step-mother Buchi Bibi sold her entire share in the properties, inherited from her husband Abdul Gani, to the plaintiff and his sister defendant No. 1 by a kobala (Ext. 25-J), dated May 4, 1920. The plaintiff claimed two-thirds of this purchase and, upon that footing, he claimed a ten annas share in the suit properties.