BINA LALA Vs. AHALYA LALA

JUDGEMENT

(1.) HEARD Mr. G. N. Sahewalla, learned Senior Counsel assisted by Ms. S. Senapati, learned counsel for the appellant. Also heard Mr. A. K. Bannerjee, learned Senior Counsel assisted by Ms. P. Chakraborty, learned counsel for the Respondent No. 1, Mr. B. K. Goswami, learned senior counsel assisted by Mrs. T. Goswami, learned counsel for Respondent No. 2, Mr. C. K. Sarma Baruah, learned Senior Counsel assisted by Ms. A. Dey, learned counsel for Respondents No. 3 and 15 and also heard Mr. A. K. Goswami, learned Senior Counsel assisted by Ms. B. Sharma, learned counsel for the Respondents Nos. 4, 6 and 8.

(2.) THIS First Appeal has been directed against the judgment and decree dated 24. 12. 01 passed by the learned Civil Judge (Sr. Divn.), No. 1, Cachar, Silchar in Title Suit No. 23/87 on being preferred by the defendant No. 7/appellant (hereinafter referred to as 'the appellant') against the plaintiffs Nos. 1 and 2/respondents (hereinafter referred to as 'the respondent Nos. 1 and 2') who instituted the Title Suit being T. S. No. 23/87 seeking for declaration of right, title and interest to the extent of 7/20 share of the movable and immovable properties described fully in Schedules to the plaint including business in 3 (three) Cinema Houses, cash money in gold and silver mortgage business and Banking accounts etc. and for a preliminary decree fixing the extent of the entire joint family properties of the plaintiffs and of the Defandant Nos. 1 to 15 and their predecessors in cinema business, gold and silver mortgage business and in other businesses from the year 1970 and onwards after the death of Kanailal Lala, the husband of the plaintiff/respondent No. 2 and the court be pleased to take over the management and administration of the said properties and the plaintiffs/respondent Nos. 1 and 2 be awarded monthly maintenance according to their respective share in the properties, or the mense profits to which they are entitled according to the extent of their share after accounting and for partition of their entire divisible joint family properties, cash amount and other moveable and immoveable properties and for preparation of an allotment of properties according to plaintiffs/respondents share in all such joint family properties and deliver possession of such allotment in moveable and immoveable properties falling in such allotments.

(3.) THE facts that are necessary and important for resolution of the basic issues raised in the instant appeal may be narrated. The predecessors-in-interest of the appellant and the respondent Nos. 1 and 2 were Late Kisoon Lal Lala and Late Bisoon Lal Lala, who were uterine brothers and sons of Late Behari Lal Lala. The genealogy of the Lala family deserves mentioning herein as below :