PULLIN BEHARI ADDY Vs. DEBENDRA NATH ADDY

JUDGEMENT

(1.) The plaintiff has alleged that his father, Baul Chandra Addy, was a rich man. He acquired considerable properties and had a very lucrative business in jewellery and money lending etc. at 50, Karaya Road and 40/2, Beltala Road, Calcutta. After the death of the plaintiff's mother, which took place on the 23rd March 1923, Baul Chandra became indifferent and thus his properties and business were left in the hands of his sons, Nagendra Nath (defendant no. 1) and Pulin Behari (defendant no.2). Thus they came to possess their father's ornaments, valuable articles, documents etc. While Pulin was in charge of the properties, the premises Nos. 44, 46 and 48, Beck Bagan Row, Calcutta, were acquired by Baul Chandra in the benami of his son, Pulin Behari. Baul Chandra built valuable structures thereon. Those properties were in the join t possession of the parties. During the riot which, broke out in 1946, the jewelleries etc. were left in the custody of Pulin Behari and he is bound to account for the same. Baul Chandra died on the 14th March, 1953. But long before his death he became mentally feeble and unsound. His eyesight became defective and he suffered from mental aberration. By practicing fraud, misrepresentation and undue influence, Rabindra Nath, defendant no. 3, one of the sons of Baul Chandra, obtained a false and fraudulent deed of gift (dated 11-4-1951) regarding the premises nos. 43 and 97, Karaya Road, Calcutta. That transaction is void and it was never acted upon. Those premises are the joint properties of the parties. The plaintiff has instituted the suit for partition.

(2.) Defendant No. 1, Nagendra Nath, has filed a written statement stating that the properties at 44, 46 and 48, Karaya Road are the self acquired properties of Pulin Behari.

(3.) Defendant No. 2, Pulin Behari, has put in a written statement denying the plaintiff's allegations. His defence is that the himself purchased the properties of premises Nos. 44, 46 and 48, Beck Bagan Row with his own money and his father contributed nothing in making the purchase.