PENGU BALA DASI Vs. NIRODA BALA DASI

JUDGEMENT

(1.) This is an appeal by the plaintiff whose suit for partition was decreed in preliminary form against the defendants including proforma defendant No. 3 by the learned Subordinate Judge, Asansol. On appeal by pro-forma defendant No. 3 judgment of the trial court was modified and the suit against pro-forma defendant No. 3 was dismissed.

(2.) Properties in suit devolved on Keshudiram, Kunja and Mukunda. Plaintiff was the daughter and heir of Keshudiram and defendant No. 2 was the daughter and heir of Kunja. Defendant No. 1 was the widow and heir of Mukunda. So the plaintiff and defendants 1 and 2 became owners of the suit properties and had been in possession jointly.

(3.) Pro-forma defendant was made a party, as he was alleged to have manufactured certain papers in respect of the suit properties in collusion with the husband of defendant No. 1.