CHHAYA DEVI Vs. KALYANI CHATTOPADHYAY

JUDGEMENT

(1.) THIS first appeal is at the instance of the plaintiffs in a suit for partition and is directed against the judgment and decree dated 25th February, 1999 passed by the Civil Judge, (Senior Division), 3rd Court, Alipore, in Title Suit No. 9 of 1991 thereby dismissing a suit for partition filed by the appellants on the ground that all the properties left by the predecessor of the parties had not been brought into the hotchpotch of the suit and that the appellant no. 1 has no exclusive title in the property mentioned in the Schedule 'g' of the plaint.

(2.) THE following facts are not in dispute:-The properties mentioned in the schedule of the plaint was recorded in the name of Smt. Kamala Devi, the mother of the original parties to the proceedings. According to the plaint case, the father of the parties, namely, Prabhakar chattopadhyay, purchased the properties in the Benam of their mother and the said father transferred different portions of the property by various deeds of gift to the parties in suit. The first of such deed was executed on 11th August, 1961 in favour of Amal Kumar Chattopadhyay, one of his sons. On the selfsame day, by another deed, the said Prabhakar Chattopadhyay gifted a different portion of the suit property in favour of the plaintiff no. 1, his only daughter, conferring life estate therein. All the six different deeds were executed in favour of his different children at various points of time. The mother of the parties predeceased their father and the suit was filed after the death of their father.

(3.) THE plaintiffs prayed for the following relief in the suit: