DEBABRATA MALLICK Vs. ANGUR BALA MALLICK

JUDGEMENT

(1.) This is an application made by the defendant Smt. Angur Bala Mallick for setting aside the return of the Commissioner of Partition dated the 7th January, 1967 and other incidental reliefs.

(2.) There are four joint properties, (1) Premises Nos. 28 and 29, Biplabi Rash Behari Street, also formerly known as Canning Street having an area of 2 Cattahs and 4 Chattacks with a frontage of 38 feet 6 inches. There is a partly single, partly double storied and a corrugated iron shed thereon. (2) Premises No. 13, Shibtolla Street situated in Burrabazar having an area of 2 Cattahs 1 Chattack with a frontage of 30 feet 6 inches. There is a partly single storied and a partly double storied structure thereon. (3) Premises No. 4/A, Latu Mallick Lane having an area of 3 Cattahs 9 Chattacks with a frontage of 47 feet. There is a partly two storied, three storied building and a R.T. shed standing on it. (4) Premises known as Mohan Kanan at Deoghar having an area of 3 Bighas 14 Chattacks 5 Sq.feet. There is a structure or building at one end of the said land.

(3.) At present there are two co-owners, Debabrata Mullick and Sm. Angur Bala Mallick. On the 23rd day of March, 1966 a preliminary decree was made whereby it was stated inter alia - "And it is further ordered and decreed that the said Commissioner do make a division of the said properties into two equal parts or shares and make the same by metes and bounds where he shall see occasion with power to him to award compensation in money by way of equalizing the said partition."