KISTO CHANDRA MANDAL Vs. ANILA BALA DASI

JUDGEMENT

(1.) This first appeal by defendants 2, 3, 4 and 7 arises out of a suit for partition brought by the plaintiff-respondent 1 for the partition of her one-fourth share in the properties described in the three schedules of the plaint.

(2.) The facts in this case are not in dispute. The parties are governed by Dayabhag school of Hindu law. The suit properties absolutely belonged to one Jadu Mandal, who died in Aswin, 1365 B S. He had two sons, Ajodhya Mandal arid Banamali Mandal. Both of them predeceased him. The plaintiff is the widow of his predeceased son, Banarnali Mandal. Defendants 1 to 7 are sons, daughters and widow of his elder son Ajodhya Mandai, Defendants 8 and 9 are his daughters, Jadu Mandal died leaving behind the plaintiff and the defendants as his heirs and successors in interest.

(3.) According to the case of the plaintiff, Jadu Mandal was in possession of all the properties mentioned in schedules A, B and C of the plaint till his death: and. after his death the properties vested upon the plaintiff and the defendants and they are in joint possession of the same. As Jadu Mandal became very old, he was incapable of managing his properties. He allowed the plaintiff, defendant 1, and defendants 2, 3, 4 and 7 to cultivate different portions of the suit land for better management and cultivation. They have been living separately in mess. There was no partition of the said properties according to legal shares. The plaintiff and the defendants have not been puliine on well and as such joint possession and cultivation of the suit land are noL possible. In spite of demand the defendants do not seem to be agreeable to amicable partition of the properties and hence the suit.