KUSUM DEBI JHINJHANI Vs. PUSHPA DEVI KHURDA

JUDGEMENT

(1.) The plaintiff and the defendant are two sisters, Ram Kumar Changil, father of the parties, died intestate on 12th day of January, 1978. The two daughters, who are the plaintiff and the defendant in this suit are the only heiresses and/or legal representatives under the Hindu Succession Act, 1956. The suit as initially instituted was for partition of several other assets also and for claiming an equal half share in all the properties and assets left by the said deceased.

(2.) It is not disputed that the plaintiff and the defendant were and are entitled to one equal half share each in the properties left by the said deceased excepting two items of property as mentioned hereunder. The parties are also agreeable that a decree be passed for partition of all such assets mentioned in the said Schedule `A' and B', save and except the said two items as mentioned hereunder :-

(3.) The case of the plaintiff is that the said Ram Kumar Changil was a member of the Embassy Co-operative Housing Society Limited and had purchased/ acquired the flat bearing No. 3 C on the 3rd floor of the said premises No. 4, Shakespeare Sarani Calcutta, upon payment of full consideration for the same. The plaintiff further states that since before the death of the mother of the plaintiff and defendant, Smt. Shanti Debi Changil, in 1972, the defendant had been residing at the said flat at No. 4, Shakespeare Sarani and has continued to do so. According to the plaintiff, after the death of Ram Kumar Changil, the defendant assumed exclusive occupation and enjoyment the said flat at No. 4, Shakespeare Sarani, Calcutta. Despite requests by the plaintiff, the defendant refused to permit the plaintiff to occupy and enjoy any portion of the said flat.