DHIRENDRA GOSWAMI & ORS Vs. BIREN KUMAR GOSWAMI

JUDGEMENT

(1.) This second appeal at the instance of the plaintiff arises out of the judgment and decree dated 18th February, 1997, passed by the learned Additional District Judge, 1st Court at Alipore, South 24-Parganas, in Title Appeal No.86 of 1995, affirming the judgment and decree dated January 11, 1995, passed by the learned Assistant District Judge, 3rd Court, Alipore, South 24-Parganas, in Title Suit No.36 of 1992.

(2.) Plaintiff filed a suit for partition, accounts and other reliefs contending, inter alia, that the property involved in the suit appertains to three different plots originally belonged to Radharani Goswami, the first wife of Mahendra Kumar Goswami, who purchased the suit property by two separate registered Deeds of Conveyance dated 17.01.1955 and 16.04.1956 by her own money out of 'stridhan'. The said Radharani died intestate after 1956 leaving behind her husband Mahendra Kumar Goswami and her son Birendra Kumar Goswami (defendant no.1) as her sole heir. After the death of said Radharani, Mahendra Kumar Goswami married Prabharani Goswami (plaintiff no.1). Mahendra Kumar Goswami, having died intestate, plaintiffs and defendant jointly inherited Mahendra's interest in the suit property and started possessing the same jointly. According to the plaintiff, the defendant started claiming that the suit property exclusively belonged to him and as such, the defendant not only disturbed the peaceful occupation of the plaintiffs in the suit property, but also tried to oust them from their respective possession and had also been attempting to sell part of the property to third party for illegal gain. The plaintiff prayed for partition by metes and bounds.

(3.) Defendant contested the suit by filing written statement. Defendant admitted that Radharani Goswami purchased the suit lands excepting Dag No.245 from out of her 'stridhan'. It is, however, denied by the defendant that on the death of Radharani the suit property devolved on her husband and son. The defendant further admitted that after death of his mother, his father contracted a second marriage to Prabharani. Defendant, however, denied that on the death of his father dying intestate in 1978, the plaintiffs and defendant jointly inherited Mahendra's interest in the suit property. It is the positive defence case that by two registered Kobalas dated 17.12.1955 and 16.04.1956 Radharani purchased the suit land out of her 'stridhan' and became absolute owner thereof. She died intestate leaving the defendant then aged about three years in respect of her 'stridhan' property and since then the defendant has been in exclusive possession of the same all through and the concerned revisional Record-of-Right stands in his name. It is the defence case that the defendant came to know from his father that his mother Radharani died within a month of her purchasing the suit property being 'Ajoutuk Stridhan', the same lawfully devolved on the defendant alone. It is also the defence case that he entered into an agreement for sale on 25.12.1988 with one Amina Bibi in respect of demarcated 2 cottahs, 8 chhitaks land from out of the suit land in Dag No.297 as the property belonged to him. It is also the defendant's contention that he constructed the house and has been in uninterrupted exclusive possession thereof and acquired indefeasible title in the suit property. Defendant has prayed for dismissal of the suit.