( 1 ) THIS appeal by defendant No. 1 Charan Dasi Debi arises out of a suit for partition of a residential house in Hooghly - Chinsurah Municipality. In order to understand the case the following genealogical table will be helpful.

( 2 ) THE disputed property belonged equally to the three brothers Sarada, Ramprasad and Gopal. Sarada died leaving his sons Debendra and Puma as heirs, Debendra being the elder. Ramprasad died leaving his daughter Kusum Kamari to inherit his share. Gopal had two sons, Atul and Jagannath as his heirs.

( 3 ) THE case of the plaintiff who is the son of Purna is briefly that his father and uncle Debendra lived as members of a joint Hindu family undivided in estate and mess and Debendra was the Karta of that family, that Debendra and Purna acquired the one-third share of Kusum Kumari by a Kobala dated 14-6-1920 in the name of Debendra and that similarly they also acquired the 1/6th share of Atul in the property by a Kobala dated 19-5-1922. In this way the total share of the joint family of Debendra and Purna became 5/6th and after Puma's death the plaintiff's share has become 5/12th, the other 5/12th share belonging to Debendra's heirs who are def