SANKHALI DHAL Vs. NILAMANI DEI

JUDGEMENT

(1.) Plaintiffs are appellants against dismissal of suit for partition.

(2.) Plaintiffs claim to be legal representatives of two daughters of Bana Samal who was admittedly the owner of the disputed properties. Relationship of parties as claimed by plaintiffs is as follows :

(3.) Case of plaintiffs is that Bana had three sons and two daughters. One son Gundi died in 1927 leaving behind widow Rodana who having died in the year 1973 his line is extinct. Defendants are legal representatives of another son Gangu who died in the year 1945.Dinabandhu, another son died in the year 1975 without any legal representative of his own. Thus, plaintiffs being legal representatives of Makha and Mina, two daughters of Bana who had died in 1928 and 1925 respectively have equal share in the properties of Bana with the two daughters of Gangu for which the suit for partition has been filed.