ABINASH CHANDRA CHAKRAVARTY Vs. SM KAMALA DEVI

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree of the Additional District Judge of Muzaffarpur affirming those of the Additional Subordinate Judge, 2nd court of the same place.

(2.) The plaintiff filed the present suit for a declaration of his one-sixth interest in the holding in suit and for confirmation of possession or in the alternative for recovery of possession of his share. He also prayed for partition of his one-sixth share of the property in dispute in case it be not possible for the court to direct the defendant to sell to the plaintiff the remaining five sixth share of the holding together with the house standing on it for a consideration of Rs. 2916/10/-.

(3.) The case of the plaintiff was that the property in suit along with other properties were inherited by him & his two brothers Girish Chandra Chakraverty and Subodh Chandra Chakraverty, from their mother Khetramoni Debya. In the property in suit, the share of Subodh Chandra Chakraverty was half and the remaining half belonged to Khetramoni Debya, after whose death, each of her three sons, namely, Subodh Chandra. Chakraverty, Girish Chandra Chakraverty and the plaintiff inherited one-third of one-half, that is one-sixth share in the property in dispute. Girish Chandra Chakraverty sold his one-sixth share in the property to Srimati Radha Rani, wife of Subodh Chandra Chakraverty. Thus Subodh Chandra Chakraverty and his wife became the owners of five-sixth share in the property and the remaining one-sixth share belonged to the plaintiff. On 24-9-1943, Subodh Chandra Chakraverty and his wife Srimati Radha Rani sold the entire property in suit be defendant 1. As the defendant refused to partition the properties amicably, it became necessary for the plaintiff to institute the present suit.