DIPAK KUMAR SEN, J.

( 1 ) THE above partition and administration suit was instituted on the 24th Dec. , 1974 by Biswanath Churiwalla, Pawan Kumar Churiwalla and Sonjoy Kumar Churiwalla against Chiranjilal Churiwalla. Sm. Bhagwati Churiwalla, Hem Chand Churiwalla, Bijay Kumar Churiwalla impleaded respectively as the defendants 1, 2, 3 and 4 claiming, inter alia, declaration of shares of the parties, partition by metes and bounds and allotment of the divided shares in two joint properties, namely, premises No. 1, Gobinda Dhar Lane, Calcutta and 12, Brojo Dulal Street, Calcutta.

( 2 ) THE defendants filed their written statement in the suit.

( 3 ) ON 13th May, 1981, on terms of settlement filed by the parties in Court, a preliminary decree was passed in the suit directing the joint properties to be divided into 15 equal shares. It was declared that the plaintiffs would jointly be entitled to 1/5th and the defendants would be entitled to the balance 4/5th Manindra Kumar Bose, Barrister-at Law, was appointed as the Commissioner of Partition. He was directed to partition the said properties by metes and bounds with power to allot compensation and to submit his return within ten months

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