DEBA PRASAD ROY Vs. TANDRA ROY

JUDGEMENT

(1.) THIS first appeal is at the instance of a defendant in a suit for partition and is directed against the preliminary decree dated 15th January, 2001 passed by the learned Civil Judge, Senior Division, Durgapur, in Title Suit No. 38 of 1995, thereby holding that the plaintiff had four-fifth share in the property whereas the defendant has one-fifth share therein.

(2.) BEING dissatisfied, the defendant has come up with the present appeal. There is no dispute that the original plaintiffs, five in number, being the widow and the four daughters of one Baidya Nath Roy, since deceased, filed the aforesaid suit for partition against the only son of the said Baidya Nath Roy claiming five-sixth share in the property. During the pendency of the suit, the plaintiff no. 1, the mother of other parties, died leaving them as her sole heirs and legal representatives and, thus, her share in the property devolved upon the other parties to the proceedings.

(3.) THE suit was contested by the appellant by filing written statement thereby denying the material allegations made in the plaint. The appellant in his written statement only disputed the share of the plaintiffs in respect of two of the items of the property, namely Dag nos. 1951 and 1998 on the allegation that Late baidya Nath Roy, his father, during his lifetime made a deed of gift of those two properties in favour of the plaintiff no. 1 and the appellant with the stipulation that the plaintiff no. 1 would hold those properties during her lifetime without any right of transfer and on her death, the defendant would become the absolute owner thereof.