Sengupta, J. : This judgment shall dispose of the Second Appeal No. 404 of 1980 filed by Charu Chandra Manna (since deceased) and also the connected revisional application under section 115 of the C. P. Code also filed by the said Charu Chandra Manna. The appeal and the revisional application are directed against the judgment and decree dated 13.9.79 of the District Judge of Howrah by which the learned Judge dealt with and disposed of an appeal against the judgment and decree dated 15.5.79 passed by the subordinate Judge in a partition suit being title Suit No. 1/76. The original appellant and petitioner namely Charu Chandra Manna was Defendant No.4 in the said title Suit. He having died has been substituted by his legal heirs Umapati Manna and others.

Facts

2. The above partition suit was in respect of a dwelling house on Plot No. 318 of mouza Ichapur, P. S. Jagatdalpur in the district of Howrah. This dwelling house, according to Becharam Manna who instituted the suit, was a family dwelling house belonging to the family of the plaintiff and his uncle Gopal and Gopal having died his interest devolved upon his widow and two daughters (impleaded as Defendant Nos.1 to 3 in the s