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1978 Supreme(Cal) 469

R.BHATTACHARYYA, MONOJ KUMAR MUKHERJEE
SURENDRA MOHAN DAS BHOUMICK – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
GOURI SHANKAR DEY, Joy Gopal Ghosh, NURAN NABI CHAUDHARY

B. BHATTACHARYA, J.

( 1 ) THIS appeal is by the plaintiffs who were successful in the trial court but the decree they obtained was set aside in the appeal taken by the contesting defendants in the lower court.

( 2 ) IN this second appeal the main question which arises for determination is whether Lalit, one of the defendants, is the legitimate son born of the wedlock between Dhirmohan, the father of the plaintiffs and Parulbala, the mother of Lalit who is also the defendant in this case.

( 3 ) THE suit was filed by the plaintiffs on certain allegations. It is stated that the plaintiffs' father Dhirmohan Das Bhowmick was a man having considerable properties. One Rohini Kanta Das, the husband of the defendant No. 3 Parulbala Dasi, was a Kabiraj and he used to come from East Pakistan and stay occasionally at the house of the plaintiffs' father before the partition of India. After the partition, Rohini Kanta finally migrated with his family and took shelter in the outer house of the plaintiffs' father in 1356 B. S. Thereafter in 1359 B. S. Parulbala drove out Rohini Kanta. Rohini Kanta left the place and never came back. Parulbala was a woman of loose morals and the plaintiffs' fath












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