SUSHAMA NATH Vs. TAPENDRA NATH

JUDGEMENT

(1.) This first appeal is at the instance of the defendants in a suit for partition and is directed against the judgment and decree dated 8th March, 1999 passed by the learned Civil Judge, Senior Division, Sealdah, Dist.-South 24-Parganas in Title Suit No.5 of 1993 thereby passing a preliminary decree declaring 9/16th share of the plaintiffs in the suit property and 7/16th share of the defendants.

(2.) Being dissatisfied, the defendants have come up with the present first appeal.

(3.) The plaintiffs, five in number, being the first wife, one son and three daughters of one late Srischandra Nath filed in the Court of the learned Assistant District Judge, Sealdah a suit being Title Suit No.5 of 1993 thereby claiming 9/16th share of the suit property as described in schedule of the plaint. The schedule 'A' consisted of 6 cottahs 7 chittaks and 2 square feet of land with a four-storied building being Premises No.P-280, CIT Scheme IV(M) within police station of Pholbagan. Schedule 'B' is 12 cottahs of land situated at Santiniketan in the District of Birbhum and schedule 'C is a Maruti Car bearing Registration No. WMC 9240 and all the monies and movables lying in, the bank account and locker in the National Grindlays Bank at 6, Church Lane, Kolkata-1 in the name of the Srischandra Nath. The plaintiff No. 1, the first wife of Srischandra Nath, died on 9th February, 1996 and on her death, her name was expunged with the note that all her heirs and legal representatives were already on record as the remaining plaintiffs.