SANDHYA RANI BISWAS Vs. TARAK CHANDRA GHOSH

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree dated March 20, 2006 passed by the learned Judge, Thirteenth Bench, city Civil Court at Calcutta in Title Suit No. 2491 of 1994.

(2.) THE learned Trial Judge dismissed the suit ex parte.

(3.) THIS appeal arises out of a partition suit. The plaintiff alleges that the mother of the parties, namely, Uma Sashi Ghosh, was the owner of the disputed property and she died intestate on October 26, 1984 leaving behind the plaintiff and the defendants as her heirs and legal representatives. The plaintiff submits that her brother, the defendant no. 1 in this suit, produced a purported will dated August 6, 1981. But, ultimately, the learned Additional District Judge, Eleventh Court at alipore, District : South 24-Parganas, dismissed the application for grant of probate on November 19, 1993, inter alia, holding that the will was a forged one. Therefore, the plaintiff claimed her one-third share in the suit property.