JAYASRI GUHA Vs. SUKLA GHOSH

JUDGEMENT

(1.) This revisional application is directed against the order dated 25.5.2011 passed by the learned single Judge (Senior Division), 10th Court, Alipur in Title Suit No. 2230 of 2008 by which an application for amendment of the written statement was rejected. The plaintiff/opposite party filed the aforesaid-mentioned Title Suit for partition upon declaration of their share. The case made out in the plaint is that the parties to the suit are the joint owners of all that the premises No. 1/ 1 and 1/2 Hindustan Park Road, Kolkata - 700 019. The said premises was initially owned by one Narayan Chandra Ghosh who built the two-stories building on premises No. 1/2 Hindustan Park Road and kept the premises No. 1 /1 Hindustan Park Road as vacant. The said owner died in the year 1958 leaving his mother Provanani Debi, his widow Bina Ghosh, the original defendant No. 1, son Dipak Ghosh and a daughter Smt. Jayasri Guha (Nee Ghosh), the defendant No. 2. Each of the aforesaid heirs inherited the property left by the said deceased in equal proportion i.e. undivided 1/4, share each. The said son who was unmarried subsequently died and his share devolved upon his mother that is the original defendant No. 1 and she became the owner of the 1/2 share in respect of the suit property. Upon the death of Provanani Debi her undivided 1/4 share devolved upon her surviving son namely Hemchandra Ghosh and a granddaughter namely Jayasri Guha (Nee Ghosh), the defendant No. 2. Upon the death of Hemchandra Ghosh his share devolved upon his widow and upon her death it further devolved upon the plaintiff being the widow of the pre-deceased son of the said Hemchandra Ghosh. The plaintiff therefore claims to be the owner of undivided 1/8 share in respect of the suit property.

(2.) Initially the said suit was institute by the plaintiff being the opposite party herein against the said Bina Ghosh, since deceased and the Jayasri Guha (Nee Ghosh) the petitioner herein but during the pendency of the suit the said original defendant No. 1 namely Bina Ghosh died and her share devolved upon the petitioner being the surviving daughter.

(3.) When the original defendant No. 1 was alive, joint written statements were filed by the said defendant and the defendant No. 2 being the petitioner herein before the trial Court. A specific defence is taken in the said written statement that upon the death of the said Provanani Debi in the year 1973 her undivided share in respect of the suit property was reverted back to the original owner or his legal heirs namely the defendants therein.