PROBHAT KUMAR DUTT Vs. RAMMOHAN DUTT

JUDGEMENT

(1.) This is a suit for partition. The properties sought to be partitioned are two valuable immovable properties and some movables. Of the two immovable properties, premises No. 78/1 Nimtala Ghat Street is the family dwelling house for the last 100 years. It is a four storeyed building on land measuring about 5 cottahs. The other immovable properties is premises No. 15, Pageyapatti Street, Calcutta, which is let out to tenants, yielding a very substantial rent. It is also a four storeyed building on land measuring about 3 cottas. There are 23 co-sharers having small fractional interests in the properties. Some of the co-sharers who are well off have acquired houses of their own and have left the family dwelling house. The remaining others are some how living in the family dwelling house. Plaintiff Is comparatively well off and has his own separate house, but is living in the family dwelling house,

(2.) The shares of the parties in the two immovable properties are different. The reason of this difference Is that some of the co-sharers have purchased the share of other co-sharers in premises No. 15, Pageyapatti Street. Shares of the parties have been stated in paragraphs 8 and 9 of the plaint and these are admitted shares.

(3.) Plaintiff has claimed that the defendant No. 1 is liable to render account of some Joint family funds realised by him. Defendant No. 1 by his counsel offered to pay Rs. 300/- to the plaintiff in full settlement without admitting his liability to account. This offer has been accepted by the plaintiff and the claim for accounts has been given up by the plaintiff. None of the other parties claim any account against one another.