SM SABUJPARI Vs. SATRUGHAN ISSER

JUDGEMENT

(1.) The suit giving rise to this appeal has been instituted by Mosammat Chando Kumari, widow of one Babuji Isser, for partition of the joint family properties. This plaintiff died during the pendency of the suit and was substituted by her two daughters, Sabujpari and Sujan Devi. Defendant No. 10 Mosammat Rajeshwari Issrain, widow of Mohan Lall Isser, was transposed to the category of plaintiffs, and she was numbered as plaintiff No. 3.

(2.) To understand the relationship between the parties and the plaintiff's case, it is proper that the following genealogical tree should be given : <FRM>JUDGEMENT_405_AIR(PAT)_1958Html1.htm</FRM>

(3.) According to the plaintiff's case at the time of the survey operations, Babuji Isser was joint with his brother, Ghiran Isser and his cousin, Mohanlal Isser in mess, business and property. Later in 1934, Babuji Isser separated from his brother and cousin. Some of the properties, irrespective of their valuation and the share of the parties, had been divided, between them at the time of separation, but the properties now subject matter of the suit, comprised of landed properties, movables, money-lending business etc., were left joint. Babuji Isser died on the 28th October 1937, leaving behind his widow, the original plaintiff, and his two daughters, present plaintiffs 1 and 2, Thereafter, the plaintiff asked for partition several times, and the last request was made on the 15th January 1949. But, as the defendants refused to partition the properties in suit, the suit had to be instituted on the 23rd April 1949.