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1955 Supreme(Cal) 133

R.P.MOOKERJEE, SARMA SARKAR
KOTISWAR MUKHERJEE – Appellant
Versus
PARESH NATH MUKHERJEE – Respondent


Advocates Appeared:
ANIL KUMAR SETTI, BENOY KRISHNA GHOSE, HEM CHANDRA DHAR, RANAJIT KUMAR BANERJEE, S.MITRA, Samarendra Krishna Deb

R. P. MOOKERJEE, J.

( 1 ) THE plaintiffs appellants and the defendants respondents claim Mohesh Chandra Banerjee as their predecessor-in-interest. Mohesh had one son Bamapada through his first wife, and four sons Debipada, Umapada, Khagendra and Haripada through his second wife. The plaintiffs are the descendants of Bamapada. The defendants axe the descendants of the other four sons of Mohesh. The plaintiffs filed the present suit out of which this appeal arises for partition of certain items of property which they claimed to be the joint properties of the family. The plaintiff further claimed that Mohesh had by a deed of gift in favour of his son Bamapada given six annas interest in fifty-two items of properties including the properties described in the schedule to the plaint. They accordingly claimed a six annas interest in the properties under the deed and an additional two annas interest as heirs of Mohesh.

( 2 ) TWO sets of written statements were filed by the defendants - one set by defendants 9 to 11 who were the daughters of Haripada, the youngest son of Mohesh; the other set was filed by defendants 1 to 8, who were descendants of the three other sons of Mohesh. It is not





























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