SOMA CHATTERJEE Vs. CHAPALA CHATTERJEE

JUDGEMENT

(1.) This is a suit for partition. The plaintiff's case may be briefly stated as follows : One Satkori Chatterjee who was a Hindu governed by Dayabhaga School of Hindu Law died intestate leaving behind him his only heirs, namely, Smt. Chapala Chatterjee, widow, Uttam Kumar Chatterjee, also known as Arun Kumar Chatterjee, since deceased, Barun Kumar Chatterjee and Tarun Kumar Chatterjee, as three sons. The said Satkori Chatterjee was the absolute owner of the premises No. 46, Girish Mukherjee Road, Calcutta and is used the same as his dwelling house. The plaintiff and the defendant Nos. 1 and 2 and Smt. Gouri Chatterjee also known as Smt. Gouri Debi, since deceased, are aft heirs and legal representatives of the said Uttam Kumar Chatterjee. The said Uttam Kumar Chatterjee, Barun Kumar Chatterjee and Tarun Kumar Chatterjee being Respondent Nos. 2 and 3 respectively were the joint owners of premises No. 46, Girish Mukherjee Road, Calcutta each having one undivided 1/3rd share therein. Since about 1963 and until his death the said Uttam Kumar Chatterjee had been residing at premises No. 3, Moira Street, Calcutta. On 21st February 1967 the plaintiff Smt. Soma Chatterjee then known as Smt. Soma Chowdhury was lawfully adopted by the said Uttam Kumar Chatterjee by and under the registered Deed of Adoption. On 24th July 1980 said Uttam Kumar Chatterjee died intestate leaving behind his mother Smt. Chapala Chatterjee, defendant No. 1, his widow Smt. Gouri Chatterjee since deceased, his only son Sri Goutam Chatterjee and only daughter Smt. Soma Chatterjee, the plaintiff herein and his only heirs and legal representations. Late Uttam Kumar Chatterjee who was a well known film actor during his life time seized and possessed various immoveable properties particulars whereof are set out in schedule annexed as Schedule 'A' to the plaint. The immoveable properties set out in Part I of Schedule 'A' are situated at Calcutta within the jurisdiction of the Original Side and the immoveable properties set out in Part II of Schedule are situated outside the jurisdiction of the Original Side. Sometime in 1957-58 the said Uttam Kumar Chatterjee, since deceased, purchased a plot of land at No. 23A/394, Diamond Harbour Road, 'G' Block, New Alipore, Calcutta which was purchased by Uttam Kumar Chatterjee in the Benami of his wife Smt. Gouri Chatterjee. Subsequently, said Uttam Kumar Chatterjee constructed a three storied building in the said vacant plot being premises No. 23A/394, Diamond Harbour Road, New Alipore and the same has been rented out for a sum of Rs. 2800/- per month. The said property was absolute ownership property of the said Uttam Kumar Chatterjee to purchase the same and constructed the said building out of his personal income in benami of his wife Smt. Gouri Chatterjee. The plaintiff claims the said property as part of the estate of late Uttam Kumar Chatterjee.

(2.) Since the death of said Uttam Kumar Chatterjee, various disputes and differences have arisen between the plaintiff and the defendants and particularly the defendant Nos. 1 and 2 and the said Smt. Gouri Chatterjee and they are wrongfully denying and/or denied the right, title and interest of the plaintiff in the estate of said Uttam Kumar Chatterjee. The plaintiff requested them for all amicable partition of the said joint property left by said Uttam Kumar Chatterjee but they have wrongfully refused to do so. The plaintiff further requested the defendant Nos. 3 and 4 for an amicable partition of the joint property, namely, 46, Girish Mukherjee Road in which the said Uttam Kumar Chatterjee had an undivided one-third share but the defendant Nos. 3 and 4 have wrongfully refused to do so.

(3.) On or about 23rd April, 1981 Smt. Gouri Chatterjee died leaving behind her surviving the plaintiff and the defendant No. 2, Goutam Chatterjee as her heirs and legal representatives. The plaintiff has been informed that the said Smt. Gouri Chatterjee died leaving a Will whereby she appointed her son Sri Goutam Chatterjee as sole executor. The said Will has not yet been probated.