2004 Supreme(Cal) 340
NARAYAN CHANDRA SIL
NEMAI BASAK – Appellant
Versus
KALYANI RAKSHIT – Respondent
Advocates Appeared:
A.CHAKRABORTY, S.BISWAS, S.DEB, TAPAS MIDYA
( 1 ) THIS is a suit for declaration and for injunction. The plaint case in brief is that the premises No. 9a Ram Chand ghose Lane, Calcutta originally belonged to one Mahadeb Chandra Basak (hereinafter referred to as "mahadeb" only) who died in the year 1941 leaving behind his widow mahamaya Basak, only son Ramesh chandra Basak (hereinafter referred to as "ramesh" only) and six daughters. During his lifetime Mahadeb inducted a tenant in one portion of that property. After the death of Mahadeb in the month of December, 1941 mahamaya and Ramesh became the exclusive owners of the property left by Mahadeb in moiety according to the provisions of dayabhaga School of Hindu Law. Ramesh being the eldest son and the only male member of the family used to look after the entire family affairs. Ramesh became ill in the year 1986 and at that time he disclosed to the plaintiff Nos. 1 and 2 who are Smt. Kamala basak and Shri Nemai Basak, widow and son respectively of deceased Ramesh that in or about 1960 he took loan of Rs. 6,000/- from his tenant Ram Sankar Dutta (hereinafter referred to as "ram Sankar"only)in order to arrange the marriage of his sister Smt. Reba Basak, Ram Shankar advanced the
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