RADHANATH DAS Vs. CHITTARANJAN DAS

JUDGEMENT

(1.) This appeal is at the instance of the Plaintiffs and it arises of a suit for recovery of money.

(2.) One Nandalal Das, since deceased, owned considerable properties. He died leaving six sons, Nilmoni, Govinda, Gopinath, Madan, Radhanath and Kanailal. All of them, excepting Radhanath and Kanailal, are dead. Nilmoni instituted a suit for partition in the Original Side of this Court being Suit No. 1468 of 1937 against his brothers. The said suit was decreed in a preliminary form on August 26, 1937 and on July 1, 1943, it was decree finally on compromise. Nilmoni separated from his other brothers and he was allotted properties in respect of his share. The properties that were allotted to him by the compromise decree are a specific portion of the homestead at 269 Vivekananda Road, Calcutta, a specific portion of the flour mill at 244/2 Upper Circular Road, Calcutta and the whole of a house property at 244/1 Upper Circular Road, Calcutta. The other brothers of Nilmoni remained joint and constituted a joint family.

(3.) On November 15, 1965, another suit being T.S. 104 of 1965 of the Tenth Court of the Subordinate Judge, Alipore, was instituted by Sm. Mahamaya Das, widow of Madan and by Radhanath, Kanailal and the sons of Gopinath against Govinda for partition and accounts. In the plaint, certain allegations were made against Govinda including those contained in para. 19: