PURNA CHANDRA CHAKRAVARTI Vs. SAROJINI DEBI

JUDGEMENT

(1.) This is a suit for the partition of the estate of Netai Chand Chakravarti, a Hindu governed by the Bengal School of Hindu Law, who died on the 28 October 1901.

(2.) It is admitted that the estate of the deceased which it is sought to partition was acquired by him under the will of his only son, Bhola Nath Chakravarti, who predeceased him, leaving a widow the defendant Bechumonee. Bholanath had two sons--Charu Chandra and the plaintiff, Burna Chandra Chakravarti. Charu Chandra also predeceased Netai Chand Chakravarti, leaving a widow, the defendant Sarojini Debi, and a son, the defendant Dhirendra Nath Chakravarti. Netai Chand Chakravarti left a widow, the defendant Bissessuri Debi.

(3.) The plaint and written statements filed contain charges and countercharges which need not be discussed. The only question raised at this stage--a question not raised in the pleadings--is whether the defendants Bissessuree Debi and Bechumonee Debi or either of them are or is entitled on a partition being made between the other parties to the suit to a share, and if so what share, or only to maintenance.