RAGHUNATH MONDAL Vs. BASANTA MANDAL

JUDGEMENT

(1.) The defendant Nos. 1 and 2 have preferred the instant appeal challenging the preliminary decree dated February 18, 1970 passed by the learned Subordinate Judge, Malda in Partition Suit No. 84 of 1967.

(2.) Basanta Mondal, since deceased i.e. the predecessor-in-interest of the respondent Nos. 1(a) to 1(f) filed the instant suit for partition and for separation of shares. The plaint case in a nutshell runs as follows:

(3.) One Dulal Chandra Mondal was the owner of 'Ka' schedule property. He became the owner of a portion of such property by virtue of inheritance and the remaining part was purchased by him. 'Kha' schedule property was purchased by Dulal Chandra Mondal in the benam of his wife Kanchani Mondal. Upon the death of Dulal Chandra Mondal, the properties devolved upon his three sons namely Raghunath Mondal (defendant No. 1), Chandramohan Mondal (defendant No. 2) and Jajneswar Mondal (Defendant No. 3) in equal shares each having 1/3rd share therein. The heirs of the said Dulal Chandra Mondal were in ejmal possession of the suit property.