JUDGMENT :

SUGATO MAJUMDAR, J

1. The instant suit is instituted by the original Plaintiffs praying for declaration that the premises no. 26, Sitaram Ghosh Street, Kolkata and 31, College Row, Kolkata belong to and form part of joint family properties; a declaration of the shares of the parties in various properties mentioned in Schedule “A” of the plaint; a declaration that the deed of gift dated 1st February, 1964 is a sham and benami transaction not meant to be acted upon and is invalid and void; direction to the original Defendants to render true and faithful accounts; partition of joint family properties by metes and bounds along with other reliefs.

2. The plaint case is that the common ancestor of the parties herein Nani Gopal Dutt, since deceased, was a common ancestor of the parties and was the sole and absolute owner of various movable and immovable properties described in Schedule A of the plaint. Out of various immovable properties premises no. 8B, Nabin Pal Lane, Calcutta was acquired by the said Nani Gopal Dutt, since deceased, as a result of the partition between himself and his brothers. Properties located at premises no. 26, Sitaram Ghosh Street, Calcutta as well as 31, College Row, Calcutta were acquired by the said Nani Gopal Dutt out of his own money but in the benami of his wife Smt. Rani Bala Dutt, since deceased. The said Nani Gopal Dutt died intestate in October 1951, leaving behind him his surviving son Paresh Chandra Dutt, the original Defendant, his widow Rani Bala Dutt and three grandsons, being the original Plaintiffs, of his predeceased son Suresh Chandra Dutt. Smt. Rani Bala Dutt died on 9th August, 1952 and she was governed by Dayabhaga School of Hindu Law. Baidya Nath Dutt, the original Plaintiff No. 1 and one of the son of the predeceased son of Nani Gopal Dutt died on 1st October, 1985 intestate leaving behind him his wife Depti Rani Dutt, son Sumit Kumar Dutt and daughter Barnasree Dutt who were substituted later on. Paresh Chandra Dutt died on 09.04.1986. His legal heirs and successors were substituted in the suit as Defendants. The properties mentioned in “Schedule A” are joint properties. Paresh Chandra Dutt, since deceased used to act as manager of the joint properties and funds and had misapplied the income, as alleged. It is averred in the plaint that Paresh Chandra Dutt, since deceased used to claim the immovable properties located at 26, Sitaram Ghosh Street, Kolkata and 31, College Row, Kolkata as properties of her mother and for that reason he inherited such properties from her mother to the exclusion of the original Plaintiffs. It is the case of the original Plaintiffs that the said properties were purchased by Nani Gopal Dutt in benami of Rani Bala. Real owner of the said properties was Nani Gopal Dutt. As such, on demise of Nani Gopal Dutt, the sons of predeceased son of Nani Gopal Dutt, being the original Plaintiffs are entitled to inherit the said properties. It is also the case of the original Plaintiffs that the original Defendant Paresh Chandra Dutt, since deceased transferred and conveyed to his sons his undivided half shares of the properties located at premises no. 16 and premises no. 17, Beniatola Lane, Kolkata. The remaining undivided half share of these two properties, belong to the original Plaintiffs. Claiming all the properties mentioned in Schedule “A” of the plaint as joint properties, the instant suit was filed praying for reliefs, as stated above.

3. List of immovable properties set out in Schedule “A” are:

Schedule “A”

PART I - IMMOVABLE PROPERTIES

1. 8B, Nabin Pal Lane, Calcutta.

2. 16, Beniatola Lane, Calcutta.

3. 17, Beniatola Lane, Calcutta.

4. 26, Sitaram Ghosh Street, Calcutta.

5. 31, College Row, Calcutta.

4. The original Defendants contested the suit by filing written statement. It is denied that Nani Gopal Dutt was sole and absolute owner or acquired properties alleged in the list given in Schedule A or that he was the owner of ornaments or jewellery or cash amount