SUDHANGSU SEKHAR GHOSH Vs. MANINDRA NATH GHOSH

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendant No. 1 in a suit for partition and is directed against the judgment and decree dated 25th June, 1998, passed by the Civil Judge, Senior Division, Seventh Court, Alipore, in Title Suit No. 63 of 1986, thereby passing a preliminary decree and declaring one-fourth share of each of the parties to the proceedings including that of the appellant. Being dissatisfied, the defendant No. 1 has come up with the present first appeal.

(2.) THERE is no dispute that the plaintiff and the defendants are the children of one Surendra Nath Ghosh who used to reside at 28/10, Mahendra Banerjee Road, Behala. The said Surendra Nath Ghosh died in the month of February, 1986. In the month of May, 1986, the plaintiff, the younger son of Surendra Nath Ghosh, filed the suit being Title Suit No. 63 of 1986 thereby claiming one-fourth share in the list of movable and immovable properties allegedly left by Surendra Nath Ghosh.

(3.) IN the schedule of immovable property there are two different properties being Item No. 1 and Item No. 2. Item No. 1 is premises No. 28/10, Mahendra Banerjee Road, Calcutta-700060 admittedly standing in the name of Surendra Nath Ghosh. However, Item No. 2 is a property being premises No. 89/6, Goalapara Road, Calcutta-700060 which stood in the name of the defendant No. 1. The specific case of the plaintiff and the defendant Nos. 2 and 3 is that although the property stood in the name of the defendant No. 1, he was a benamder and the property was purchased through the consideration money paid by their father. Therefore, in the said premises No. 89/6, Goalapara Road all the parties have one-fourth share each. Similarly, in the list of movables, several bank accounts were jointly held by Surendra Nath Ghosh with the defendant No. 1 or the son of the defendant No. 1 and the plaintiff claimed one-fourth share in the total amount of money lying in those accounts.