( 1 ) THIS is a suit for partition. The plaintiff's case may be briefly stated as follows : one Satkori Chatterjee who was a Hindu governed by Dayabhaga School of Hindu Law died intestate leaving behind him his only heirs, namely, Smt. Chapala Chatterjee, widow, Uttam Kumar Chatterjee, also known as Arun Kumar Chatterjee, since deceased, Barun Kumar Chatterjee and Tarun Kumar Chatterjee, as three sons. The said Satkori Chatterjee was the absolute owner of the premises No. 46, Girish Mukherjee Road, Calcutta and is used the same as his dwelling house. The plaintiff and the defendant Nos. 1 and 2 and Smt. Gouri Chatterjee also known as Smt. Gouri Debi, since deceased, are aft heirs and legal representatives of the said Uttam Kumar Chatterjee. The said Uttam Kumar Chatterjee, Barun Kumar Chatterjee and Tarun Kumar Chatterjee being Respondent Nos. 2 and 3 respectively were the joint owners of premises No. 46, Girish Mukherjee Road, Calcutta each having one undivided 1/3rd share therein. Since about 1963 and until his death the said Uttam Kumar Chatterjee had been residing at premises No. 3, Moira Street, Calcutta. On 21st February 1967 the plaintiff Smt. Soma Ch