SATYABRATA MUKHERJEE Vs. DEBRABRATA MUKHERJEE

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendant nos. 1 and 2 in a suit for partition and is directed against the judgment and decree dated May 31, 2001 passed by the learned Civil Judge, Senior Division, 10th Court, Alipore, in Title suit No. 32 of 1994 thereby passing a preliminary decree in favour of the plaintiff by declaring one-fifth share of the plaintiff in the suit property which consists of ground, first and second floor of Premises No. 18/67b, Dover Lane, Calcutta ? 29.

(2.) THERE is no dispute that one Dr. Rishibar Mukherjee was the original owner of a building consisting of the ground and the first floor only at Premises no. 18/67b, Dover Lane. The said Dr. Rishibar Mukherjee died intestate on April 1, 1985 leaving his widow and four sons as his sole and legal representatives who are parties to this appeal.

(3.) THE abovementioned Title Suit No. 32 of 1994 was initially filed by the widow, the eldest son, namely, Debabrata Mukherjee and another son, being subrata Mukherjee by making other two sons, namely, Satyabrata Mukherjee and Kalyanbrata Mukherjee, as the defendant nos. 1 and 2 respectively. According to the original plaintiffs, the defendant nos. 1 and 2 refused to amicably partition the property and they were feeling inconvenience in using the property jointly with the defendants.