DULAL DUTTA Vs. PURANJAY PAUL

JUDGEMENT

(1.) Heard the parties.

(2.) This second appeal under Sec. 100 of the Code of Civil Procedure has been preferred against the judgment and decree of concurrence dtd. 14/12/2017, passed by the District Judge-I, Jamtara, in Civil Appeal No. 09 of 2016 by which, the learned first appellate court dismissed the appeal after finding that the trial court has rightly passed the judgment and decree dtd. 5/1/2016, passed by the trial court being the Civil Judge (Sr. Div.) -III, Jamtara in Title (P) Suit No. 12 of 2007.

(3.) The case of the plaintiff in brief is that the parties to the suit are Hindus, governed by Dayabhaga School of Hindu Law and the suit property is the joint ancestral property of the parties to the suit and the same was recorded in the names of Rishi Dutta, Motilal Dutta and Gostha Dutta, all sons of Late Balai Dutta. Rishi Dutta died in or about 1959 leaving his widow Mohini Dutta and a daughter Sarojini and Sarojini had three daughters namely Bijala, Pramila and Padma and the plaintiff is the adopted son of Bijala Bala and the defendants are the legal heirs of the Pramila and Padma as well as the descendants of Gostha Dutta. Motilal Dutta and his wife died issueless and subsequent to their death, their interest in the joint family property devolved upon the daughter of his deceased brother Rishi Dutta and children of his another deceased brother Gostha Dutta. The defendant no. 1 is the descendant of Pramila Bala Dasi whereas Padma Dasi is the defendant no. 2 of the suit. The defendants-second party members are surviving legal representatives of Gostha Dutta. The plaintiff claimed 8/63 part of the share and asserted that the defendants-1 party are together entitled to 16/63 part of the share whereas the defendants-2 party are together entitled to 13/21 part of the suit property and the plaintiff filed the suit for a preliminary decree for partition and consequential reliefs.