RENU BALA DAS Vs. SANDYA DAS

JUDGEMENT

(1.) THIS first appeal is at the instance of both the defendants in a suit for partition and is directed against the final decree dated 5th September, 1990 passed by the Assistant District Judge, 4th Court, Alipore, 24-Parganas (South) in Title Suit No. 39 of 1982 thereby accepting the report of the Advocate Commissioner and passing final decree for partition on thai basis.

(2.) THERE is no dispute that the plaintiff had eight annas share in the property while her two uncles, the defendant Nos. 1 and 2 have four annas share each. The plaintiff acquired title to the property by virtue of two deeds of gift executed by her father and another uncle.

(3.) THE suit was contested by the defendants jointly and the learned Trial judge initially passed a decree declaring the eight annas share in the property in favour of the plaintiff. Subsequently, on the application on the defendants, the learned Trial Judge further passed a second preliminary decree thereby also declaring four annas share each of the defendants.