HATANAGAR GHOSE Vs. DURGAMANI GHOSE

JUDGEMENT

(1.) This appeal, by the legal representatives (LRs) of the unsuccessful Plaintiff in Civil Suit O.S. No.50 of 1974-I (Late Dayanidhi Ghose) is directed against a judgement dtd. 23/6/1998 passed by the learned Single Judge of this Court dismissing the Plaintiff's appeal F.A. No.41 of 1979.

(2.) The said F.A. No.41 of 1979 was in turn filed by Dayanidhi Ghose against the judgment dtd. 30/10/1978 and a Decree dtd. 9/11/1978 passed by the trial Court, i.e., the Subordinate Judge, Balasore in Civil Suit O.S. No.50 of 1974-

(3.) By the impugned judgment dtd. 23/6/1998 dismissing F.A. No.41 of 1979, the learned Single Judge of this Court reversed the finding of the trial Court that the 'Ga' Schedule properties were joint family properties and held that they were the self-acquired properties of Defendant No.1. The learned Single Judge held that the 'Ga' Schedule properties were not liable to be partitioned between the Plaintiff and Defendant No.1. That is how this appeal has been filed by the LRs of the original Plaintiff.