Judgement

PALEKAR, J.:- This appeal by special leave filed by defendant no. 1 arises out of a judgment and decree for partition and accounts passed by the learned Subordinate Judge of 24 Parganas (Title Suit No. 37 of 1956) and confirmed by the High Court of Calcutta in Appeal No. 295 of 1960.

2. Respondent No. 1 was the plaintiff in the suit. Defendant no 1 is her step sister. Their father Gyanendra Krishna Ghose had two wives. The name of the first wife was Saradindu Nivanani Dasi and from her he had six daughters. The name of the second wife who predeceased Gyanendra was Anil Probha Dasi. The plaintiff Purnima was her daughter. Gyanendra died in about 1940 and his first wife Saradindu Nivanani Dasi died in October, 1955. At the time of her death the plaintiff Purnima and defendant no. 1 Nirupama were the only two unmarried daughters and were thus entitled to the estate of Gyanendra Krishna Ghosh. Defendant no. 1 had challenged in the suit the plaintiff s paternity but both the courts have held that she was the daughter of Anil Probha Dasi, the second wife of Gyanendra Krishna Ghose and it is not disputed before us that both the plaintiff and defendant no. 1, should be regarded as