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2019 Supreme(Cal) 463

SAHIDULLAH MUNSHI
Dhirendra Goswami – Appellant
Versus
Biren Kumar Goswami – Respondent


Advocate Appeared:
Sohini Chakrabarty, Prajjaini Das, Gaurav Purakayastha, Advocates.

JUDGMENT :

1. This second appeal at the instance of the plaintiff arises out of the judgment and decree dated 18th February, 1997, passed by the learned Additional District Judge, 1st Court at Alipore, South 24-Parganas, in Title Appeal No.86 of 1995, affirming the judgment and decree dated January 11, 1995, passed by the learned Assistant District Judge, 3rd Court, Alipore, South 24-Parganas, in Title Suit No.36 of 1992.

2. Plaintiff filed a suit for partition, accounts and other reliefs contending, inter alia, that the property involved in the suit appertains to three different plots originally belonged to Radharani Goswami, the first wife of Mahendra Kumar Goswami, who purchased the suit property by two separate registered Deeds of Conveyance dated 17.01.1955 and 16.04.1956 by her own money out of 'stridhan'. The said Radharani died intestate after 1956 leaving behind her husband Mahendra Kumar Goswami and her son Birendra Kumar Goswami (defendant no.1) as her sole heir. After the death of said Radharani, Mahendra Kumar Goswami married Prabharani Goswami (plaintiff no.1). Mahendra Kumar Goswami, having died intestate, plaintiffs and defendant jointly inherited Mahendra's interest

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