BABOO LALL JAIN, J.

( 1 ) THE plaintiff and the defendant are two sisters, Ram Kumar Changil, father of the parties, died intestate on 12th day of January, 1978. The two daughters, who are the plaintiff and the defendant in this suit are the only heiresses and/or legal representatives under the Hindu Succession Act, 1956. The suit as initially instituted was for partition of several other assets also and for claiming an equal half share in all the properties and assets left by the said deceased.

( 2 ) IT is not disputed that the plaintiff and the defendant were and are entitled to one equal half share each in the properties left by the said deceased excepting two items of property as mentioned hereunder. The parties are also agreeable that a decree be passed for partition of all such assets mentioned in the said Schedule `a' and B', save and except the said two items as mentioned hereunder :-1. Seven shares in Embassy Co-operative Housing Society Limited, 4, Shakespeare Sarani, Calcutta-700017. 2. All that the flat bearing No. 3 C on the 3rd floor of the building known as Embassy building at No. 4, Shakespeare Sarani, Calcutta-17, containing an area of 1250 sq. ft. and comprising

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