Judgment

D.P. Mohapatra, J.—Leave granted.

2. One Sailen Ghosh was the original owner of the suit property. He died on 23rd June, 1942 leaving behind his widow Smt. Mira Ghosh, son Partha Sarathi Ghosh-who is respondent herein and two daughters namely Smt. Srilekha Ghosh (Roy) and Smt. Sulekha Ghosh (Mitra) who are the appellants herein. According to the law of succession prevailing then the respondent and his mother became joint owners of the suit property subject to the provision in Section 3(3) of the Hindu Woman s Right to Property Act, 1937. After coming into force of the Hindu Succession Act, 1956 the widow s interest became absolute and thus the respondent and his mother became co-sharers of the suit property each having a moity share. The widow by a registered deed of gift dated 23.8.1968 gifted her share to the appellants. After acquiring 1/2 share in the suit property through their mother the appellants filed a suit Title Suit No. 29/70 against the respondent seeking a decree of partition. The suit was decreed in the preliminary form on 28.2.1972 declaring 8 annas share of property of the defendant and 4 annas of each of the plaintiffs. In the preliminary decree liberty