BILLABASINI DATTA Vs. DULAL CHANDRA DUTTA

JUDGEMENT

(1.) Prayer (j) of the summons is opposed and raises an interesting question as to the construction of the Hindu Succession Act, 1956. The rest of the application is not opposed. The dispute relates to the properties belonging to the estate of one Debendra Nath Datta who died on 8-12-1947 leaving behind him as his heirs a widow the plaintiff Billabasini Datta and four sons, named, Dulal, Balai, Lakhshminarayan and Rajnarayan and two daughters named Sm. Sabitri and Sm. Namita.

(2.) This is a suit for a declaration of the shares of the parties and for partition of the estate of Debendra Nath Datta and was instituted on 10-4-1954. On 21-12-1954 a preliminary decree was passed in this suit. By that decree it was declared that the widow Billabasini and each of the four sons Dulal, Balai, Lakshminarayan and Rajnarayan was entitled to one equal fifth part or share of the immovable properties belonging to the estate and that the daughters Sabitri and Namita were entitled to have provisions made for their marriage expenses, maintenance and residence and it was ordered and decreed that a partition be made of the properties into five equal parts or shares and that the Commissioner do allot one equal fifth part or share of the properties to each of the four sons and also one equal fifth part or share of the said properties to the widow Billabasini Datta to be held and enjoyed by her as a Hindu widow in the manner prescribed by the Hindu Law.

(3.) The Hindu Succession' Act, 1956 came into force on 17-8-1956. This summons was taken out on 16-3-1957.