PUSPA MUKHERJEE Vs. SMRITIKANA MUKHERJEE

JUDGEMENT

(1.) THIS first appeal is at the instance of a plaintiff and is directed against the judgment and decree dated 11th December, 1997 passed by the Assistant District Judge, 1st Court, Krishnanagar, Dist-Nadia in Title suit No. 53 of 1990 thereby passing a preliminary decree in a suit for partition in part.

(2.) THE suit was filed by two female heirs of Class-l under the Hindu succession Act claiming partition of lands and a dwelling house.

(3.) THE suit was contested by the defendant by filing written statement thereby denying the material allegations made in the plaint and one of the defences taken was that in view of Section 23 of the Hindu Succession Act, the female heirs were not entitled to claim partition in respect of the dwelling house.