Madhu Sudan Dutt vs Malabika Dutt - 2023 Supreme(Cal) 687

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 687

SUGATO MAJUMDAR
Madhu Sudan Dutt – Appellant
Versus
Malabika Dutt – Respondent

Advocates:
Advocate Appeared:
For the Plaintiffs : Purna Chandra Paul Chowdhury, Deep Narayan Mukherjee, Gopal Paul Chowdhury.

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,