LAWS(PVC)-1935-3-15

SANTOSH KUMAR GHOSE Vs. SRIMATI GIRI BALA DASSI

Decided On March 08, 1935
SANTOSH KUMAR GHOSE Appellant
V/S
SRIMATI GIRI BALA DASSI Respondents

JUDGEMENT

(1.) The genealogy showing the relationship of the parties who figure in this case, will be found at pp. 21-22 of the paper-book.

(2.) One Kali Churan Ghose left two sons Uttam Chandra Ghose and Gobinda Chandra Ghose. Uttam died about the year 1906 or 1907 leaving two sons Akhil Chandra Ghose and Kokil Chandra Ghose. Akhil died in the year 1912 leaving a daughter Giri Bala Dasi who is the plaintiff in this suit. Kokil was alive up to within two or three years before the institution of the suit. He had a son named Chandi by his first wife, but that son died before Kokil leaving a widow. The defendant No. 1 Santosh Kumar Ghose is the son of Kokil by his second wife. The other defendants in this suit belong to the branch of Gobinda's family.

(3.) The suit was laid as one for partition in respect of several kinds of property described in schedules (ka) to (chha) to the plaint and there was also a prayer for accounts. The pleadings were not very artistically drawn; but shortly put, the plaintiff's case was that Akhil and Kokil as well as Bishnu and Ambica who were the sons of Gobinda were all members of a joint Hindu family and that all the properties described in the schedules to the plaint were joint properties. On the strength of this allegation the plaintiff claimed an one-fourth share in the said properties.