Tarun Kumar Gupta, J.:-

This appeal arose out of a judgment and decree dated March 30, 1961 passed by learned Subordinate Judge, Maldah in Partition Suit No.69 of 1952. By the judgment impugned learned Judge of the Trial Court decreed the suit in part in preliminary form declaring the shares of co-plaintiffs namely Satya Charan Sarkar and Sabitri Sundari Sarkar together, contesting defendant No.1 Bipra Charan Sarkar and defendant No.4 Kadambini Sarkar as one-third each in the remaining Ejmali properties, that is, Ejmali Zemindari, Pattani and the Bastoo Bati at Maheshpur and at Puratuli. The parties were directed to effect amicable partition in respect of those joint properties within three months, with liberty to apply for a final decree in the event of failure to effect available partition.

2. The respondents of this appeal namely Provati Roy and Arati Roy originally filed said partition suit praying for partition and accounts making following averments:

One Gouri Prasad Sarkar, predecessor-in-interest of the parties acquired valuable properties both movable and immovable as described in the Schedules of the plaint. He died leaving three sons namely Abhoy Charan, B