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2016 Supreme(Cal) 651

SHIVAKANT PRASAD
Sandhya Basu Mallick – Appellant
Versus
Pramatha Nath Sen – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Sudip Deb, Mr. Sunil Kumar Chakraborty, Mr. Shiladitya Barma
For the Defendant : Mr. D.C. Thakur, Mr. A.K. Mukhopadhyay

JUDGMENT :

This is a suit for partition.

2. Plaintiffs’ case in brief is that on 13th May, 1983 the father of the plaintiffs and the defendants Manmatha Nath Sen died intestate, leaving behind the plaintiffs and the defendant no. 2 as his daughters and the defendant no. 1 as his only son who was governed by Dayabhaga School of Hindu law. Smt. Kamal Rabi Sen had predeceased her husband Manmatha Nath Sen.

3. Late Manmatha Nath Sen was the absolute owner of the immovable properties described in Annexure ‘A’ and movable properties held and possessed by him and described in Annexure ‘B’ to Annexure ‘E’ of the plaint.

4. According to plaintiffs, the defendant no. 1 is holding all the immovable and movable properties described in Annexure- ‘A’, ‘B’ to ‘E’ and all the relevant original title deeds papers and documents in respect of the said properties are lying in the custody of the defendant no.1.

5. According to the provisions of Hindu Succession Act, 1956 each of the plaintiffs and the defendants is entitled to get undivided 1/4th share both in immovable and movable properties left beh




































































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