DIPAK KUMAR SEN, J.

( 1 ) THE property which is the subject-matter of this partition suit is premises No. 9, Gopi Mohon Dutta Lane, Calcutta (hereinafter referred to as the said premises ). It is alleged in the plaint that one Rajendra Lal Banerjee, a Hindu governed by the Dayabhaga purchased the said premises in the benami of his wife Khanta Bala. Rajendra Lal died intestate on or about the 3rd November, 1936 leaving him surviving Khanta Bala his sole widow, his three sons Suresh Chandra, Ramesh Chandra and Satyesh Chandra and his daughter Nirmala Chakravarti.

( 2 ) KHANTA Bala died on the 28th December, 1953 intestate and leaving her surviving her children the said Suresh, Ramesh and Satyesh and Nirmala,

( 3 ) SURESH died intestate in or about 20th October, 1959 leaving him surviving his sole widow and his eleven children as his heirs, heiresses and legal representatives.

( 4 ) RAMESH, died intestate and unmarried on or about the 28th January, 1972 leaving Satyesh and Nirmala as his heir and heiress.

( 5 ) NIRMALA has executed a Deed of Release dated the 26th May, 1975 whereby she has relinquished all her right, title and interest in the said premises in favour of Satyesh,

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