KATYA BALA DASI Vs. NILMONI PAKHIRA

JUDGEMENT

(1.) This appeal from original decree, was directed against the judgement and decree dated 28th July 1973, as passed in Title Suit No. 50 of 1968 by Shri S.N. Ghose, the learned Subordinate Judge, 1st Court, Nooghly and whereby, the concerned Title Suit was decreed in a preliminary form on contest and it was declared that the plaintiff/respondents would have 8 annas share in 'Ka' Schedule properties of the plaint and they would also be entitled to get their shares partitioned by metes and bounds. The parties were further directed to effect an amicable partition by 31st Aug. 1973, falling which, it has been directed that a Partition Commissioner would be appointed by the Court, for effecting partition as per the share as mentioned above, upon an application made by either of the parties. The said Title Suit No. 50 of 1968 was heard analogously with Title Suit No. 50 of 1971 of the same Court and which was filed by the defendants Smt. Katya Bala Dasi and another and the subsequent suit was dismissed on contest.

(2.) The 'Ka' schedule properties as involved in Title Suit No. 50 of 1965 comprised of 1.55 decimal of land of different khatians in district Hooghly, P.S. Singur, appertaining to J. L. No. 60 of Mouza and village Mirzapur and Bankipore respectively and it would appear that they originally belonged to Abinash Chandra Das and the said Shri Das owned and possessed the land in question, on his own right and he died leaving his two sons, Panchanan Das and Sashi Bhusan Das as his heirs. The said Panchanan Das was the principal defendant No. 1 in the Title Suit under consideration and it has been stated that the said Panchanan Das and Sashi Bhusan Das jointly obtained in equal shares the properties as left by their father, Abinash Das and they also owned and possessed the properties in question jointly and in khas by virtue of their inheritance.

(3.) Sashi Bhusan Das died childless, leaving his wife Smt. Durgabala Dasi as the only heiress and it has been stated that the said Durgabala obtained 8 annas interest of Sashi Bhusan, by virtue of her inheritance, along with other properties and remained in enjoyment and possession of the properties in suit jointly with the said Panchanan Das, by paying rents, rates and taxes. It has been stated that the said Durga Bala Dasi it her turn, sold half share in the properties in suit, by virtue of a registered Deed of Sate (Ext. 1) as executed on 4th Jan. 1968 corresponding to 19th Pous, 1374 B. S. and registered on the next day i.e. 5th Jan. 1968, on a consideration of Rs. 10,000/-, in favour of the plaintiff/respondents and became divested of such of the said share of the properties and on the very same day, put the plaintiffs into possession and as such, they became the owners in possession in respect of the half share of her property and the plaintiffs have further stated that since then they were and are in enjoyment and possession of the said properties on acquisition of good title and on payment of rent. It was their case that they have also been enjoying and possessing the properties in suit by exercising their rights in all respects including accepting fruits, taking share of the fish of the doba and tank and enjoying them, apart from enjoying the trees and other usufructs.