OFFICIAL TRUSTEE OF WEST BENGAL Vs. BIDYADHAR MULLICK
HIGH COURT OF CALCUTTA
OFFICIAL TRUSTEE OF WEST BENGAL
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(1.) The Plaintiff has taken exception to the report filed by the Commissioner of Partition in the above partition suit. The suit is for partition of the estate left by one Shib Chandra Mullick. Shib Chandra Mullick died on August 4, 1866. After his death the estate was held and enjoyed by Hrishikesh Mullick and after Hrishikesh's death by his widow Pura Sunderi. Hrishikesh died on January 9, 1873 and Pura Sunderi died on September 11, 1932. The instant partition suit was instituted by the Plaintiff on April 27, 1934. The Plaintiff claims to be entitled to half of the estate and to the remaining half the Defendants are entitled jointly. A preliminary decree was passed in this suit on June 28, 1937 and Mr. H.N. Sanyal; a well-known counsel of the Calcutta Bar, was appointed the Commissioner of Partition to divide the estate. He was also directed to make certain enquiries. Mr. Sanyal entered upon the reference and signed his report on July 7, 1960. The Plaintiff has taken exception to this report. The Plaintiff prays that the return be set aside and/or modified.
(2.) The learned Commissioner in his return has divided the properties into two parts. He has allotted to the Plaintiff the properties set out in Schedule B, Part I, to the report comprising six items of immoveable property situate in Calcutta of the value of Rs. 7,34,504.69 nP. He has also allotted to the Plaintiff the entirety of the compensation money payable to the estate by the Government of West Bengal in respect of the acquisition of certain Zamindary properties by the Government. He has also allotted a moiety of the compensation money payable by the Government of East Pakistan in respect of Zamindary properties situate now in East Pakistan. There is a sum of Rs. 47,530.90 nP. belonging to the estate which is now lying in the "United Bank of India, Khulna Branch, he has allotted this amount to the Plaintiff as well.
(3.) To the Defendants the learned Commissioner has allotted jointly properties set out in Schedule B, Part II. They consist of six items of immoveable property the value of which comes up to Rs. 7,12,177.21nP., a moiety of the compensation money payable by the Government of East Pakistan in respect of the acquisition of Zamindary properties situate in East Pakistan. He has also allotted to the Defendants certain shares. The total value of the properties allotted to the Plaintiff comes up to Rs. 7,99,795.59 nP., whereas the total value of the properties allotted to the Defendants come up to Rs. 7,15,386.01 nP. The Plaintiff has been directed to pay to the Defendants owelty money amounting to Rs. 42,204.79 nP.;
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