MONOJ KUMAR MUKHERJEE, J.

( 1 ) SMT. Smriti Basu (nee Mazumdar), who happens to be the only issue of one Samarendra Nath Mazumdar (since deceased) by his first wife, filed a suit, out of which the instant appeal arises, against her step mother, step brother and two step sisters claiming partition of the properties left behind by her father which include a two-storied house and the moneys paid under his Life Insurance Policy and from his provident fund account. In contesting the claim of the plaintiff the defendants did not dispute that she had 1/5th share in the properties left behind by her father but contended that in view of Section 28 of the Hindu Succession Act, 1956 (hereinafter referred to as the "succession Act") the house was impartible. It was further contended by them that the moneys payable - and since paid - under the Life Insurance Policy and from the Provident Fund Account of the deceased exclusively belonged to Smt. Usha Mazumdar (defendant No. 1) the second wife of the deceased, and Sri Surojit Mazumdar (defendant No. 4), the son of the deceased as they were the respective nominees. The Trial Court negatived all the contentions raised by the defendants and decreed

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