Mukherjea, J.

This appeal is directed against a judgment and decree passed in a partition suit by S.K. Datta, J. on November 29, 1967.

2. One Bhuban Mohan Banerjee left two sons Ashutosh and Pramatha. Pramatha died intestate leaving his widow, Sm. Malatimala the defendant No.2, and several daughters. Ashutosh died intestate leaving three sons, Nilratan. Nagendra, Rajani and two daughters, Sm. Santabala and Dasimoni. Santabala married Nagendra Nath Ganguly. She died survived by her husband in September 1942 intestate and childless leaving some immovable properties, premises No. 33, Paikpara Raja Manindra Road and premises No. 27A, 27B and 27C, Anath Nath Deb Lane, Paikpara, of her brothers, Rajani and Nagendra Nath Banerjee were alive at the time of her death, Nilratan having predeceased her.

3. Ashutosh and Pramatha died seised and possessed of premises No. 5 Ganguly Lane, Calcutta.

4. Upon the death of Ashutosh, his interest in the said premises devolved on Nilratan Banerjee, Nagendra Nath Banerjee and Rajani Kanta Banerjee. Sm. Malatimala surrendered her interest in the said premises in favour of her daughters who in turn surrendered their interest in favour of their sons.