KAMALA KANTA HALDAR Vs. BHOLA DASI HALDAR

JUDGEMENT

(1.) This appeal is by Defendant No. 2 and it arises out of a suit for partition and accounts. The suit has been decreed in part by the learned Subordinate Judge and the Plaintiff's claim for partition in respect of schedule ka property of the plaint has been decreed while her claim in respect of the schedule kha property has been dismissed. The claim for accounts was eventually not pressed and it was dismissed.

(2.) The Defendant No. 2, feeling aggrieved by the decree for partition, as made by the learned Subordinate Judge, in respect of the ka sch. property, has preferred this appeal. The Plaintiff has also filed a cross-objection against the dismissal of her claim in regard to the kha sch. property. The appeal and the cross-objection are now before us for final consideration and disposal.

(3.) With regard to the property of sch. ka, the Plaintiff's case is that her father and predecessor-in-interest Mangobinda obtained it under a mourashi mokarari patta [Ex. A(l)], executed by one Bishnupada Halder, who was Mangobinda's sister's husband and, on Mangobinda's death, the said property devolved on his widow (Plaintiff's mother) Sarojini and, thereafter, on the latter's death, the Plaintiff Bhola Dasi and her sister Satyabala (Defendant No. 1) got this property in equal shares. The Plaintiff's specific case was that Defendant No. 2 Kamala Kanta had no interest in this property.