( 1 ) THE present suit for partition was filed by one Maya Dutta, daughter of Radha Raman Das alias Radha Charan Das, a Hindu governed by the Dayabhaga School of Hindu Law. He was the owner of the disputed property, being premises No. 3b Collins Street, Calcutta. The defendant, Surjya Kumar Das, is her brother. On the 4th April, 1969, she instituted the Suit No. 964 of 1969 against her brother in this Court for a declaration that she and her brother belonged to a joint family governed by the Dayabhaga School of Hindu Law and she was the sole and absolute owner of the premises No. 3b Collins Street, Calcutta, and for other reliefs. Ultimately, the parties came to terms and a decree was passed that the parties were governed by the Dayabhaga School of Hindu Law and they were absolute owners of the disputed property to the extent of a moiety share each. In view of the strained relations between them, It has become inconvenient for her to enjoy the property. She called upon her brother to effect an amicable partition. Her brother did not do so and hence the suit for partition and accounts.

( 2 ) THE defendant filed a written statement alleging, inter alia, that the pl