KASTURI LAHIRI W/O DHRUBA LAHIRI Vs. AMITABHA GHOSH S/O LATE BENOY KUMAR GHOSH
LAWS(GAU)-2018-9-45
HIGH COURT OF GAUHATI
Decided on September 20,2018

Kasturi Lahiri W/O Dhruba Lahiri Appellant
VERSUS
Amitabha Ghosh S/O Late Benoy Kumar Ghosh Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. D. K. Mishra, learned senior advocate, assisted by Mr. B. Prasad, the learned advocate for the appellant as well as Mr. N. Dhar, the learned advocate, on instructions from Ms. S. Dasgupta, the learned advocate for the respondents.
(2.) By this appeal under Order XLIII Rule 1(s) read with Section 151 CPC, the appellant has challenged the order dated 16.11.2017 passed by the Civil Judge, No. 2, Kamrup (Metropolitan), Guwahati in Misc.(J) case 585/2016 in T.S. No. 368/2016, by which the prayer made for appointment of receiver under the provisions of Order XL, Rule 1 read with Section 151 CPC was dismissed.
(3.) The petitioner is the plaintiff in T.S. No. 368/2016, which was instituted for partition, declaration, permanent injunction and other relief(s). Along with the suit, an application was filed under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of ad-interim injunction, which was registered as Misc.(J) Case No. 586/2016 and the learned trial Court by order dated 16.11.2017 was pleased to direct the respondents-defendants to maintain status quo and restrained them from alienating or transferring the suit properties in any manner and from changing the structure, character and nature of the suit properties. It was projected that the petitioner is the eldest daughter of respondent No.2, Smt. Ushasi Ghosh and Late Benoy Kumar Ghosh and the respondent No.1, Sri Amitabha Ghosh, is the brother of the petitioner and the respondent No.3, Smt. Sanjukta Sharma, is the sister of the petitioner and the respondent No.4, Smt. Rakhi Ghosh, is the wife of respondent No.1. It is projected that the father of the petitioner was an advocate by profession, who owned various properties both movable and immovable and he was also partner of various businesses. The properties exclusively owned by the father of the petitioner is described in Schedule A, B and C of the memo of appeal. The value of which is estimated by the petitioner to be worth Rs.69,00,00,000.00 (Rupees Sixty nine crore only). It was projected that as the daughter and the legal heir of late Benoy Kumar Ghosh, the petitioner was entitled to one-fourth share of the properties left behind by her father and in respect of business, the petitioner was entitled to be inducted as a partner and/or she was entitled to her share in respect of her share out of the share of deceased father in respect of the said business. A brief description of the properties are as follows: a) Schedule A: Land measuring 2 katha 9.97 lecha and 18.57 lecha covered by P.P. No. 215 Dag No. 93 and 95 at B. Barooah Road, Ulubari, Guwahati including 3 storied building where Hotel Orchid is situated. b) Schedule B: Unregistered partnership farm i.e. M/s R.L. Ghosh and Sons, dealing in wines and spirits, arms and ammunitions and sub-distributor for Bajaj Scooters. c) Schedule C: Residential property measuring 1B-10L covered by P.P. No. 720 (New)/55(old), Dag 1780(new)/155(old), at Mangaldoi Town, Ward No. 5, Mouza Chapai, District- Darrang. d) Schedule D: Unregistered partnership farms/sole properties firms: 1.1) Hotel Orchid, Guwahati 1.2) M.N. Enterprises, Trading as Hotel Shyamalee. 1.3) Sanjukta Poultry, Mangaldoi 1.4) Sanjukta Feed Mill, Mangaldoi 1.5) Battery Centre, Mangaldoi 2) Real Estate: 2.1) Commercial Properties: 2.1.1) R/L Ghosh and son's Land and building. 2.1.2) Hotel Shyamlee land and building. 2.1.3) Land surrounding Sanjukta Poultry and Sanjukta Feed Mill. 2.1.4) Kharupetia Shopping Complex. 2.1.5) Land (used as pond) behind R.L. Ghosh and Sons. 2.1.6) Assam type house containing workshop. 2.1.7) Assam type house used as godown. 2.1.8) Commercial land measuring 16 lechas covered by Dag No. 1460 P.P. No. 720 in Mangaldai town. 2.1.9) Commercial land measuring 1B-2K-2L covered by Dag No. 1463 P.P. No. 720 in Mangaldai town. 2.1.10) Commercial land measuring 2K-9L covered by Dag No. 1644 P.P. No. 720 in Mangaldai town. 2.1.11) Commercial land measuring 8L covered by Dag No. 2438 P.P. No. 720 in Mangaldai town. 2.2) Residential Properties:- 2.2.1) 3 BHK flat at Kanak Apartment, Guwahati 2.2.2) 2 storeyed hosue in Salt Lake City, Kolkata. 2.3) Agricultural properties ; 2.3.1) Land measuring 1B-3K-12L covered by Dag No. 1005 P.P. No. 720 in Mangaldai town. 2.3.2) Land measuring 1K-11.25L covered by Dag No. 1567 P.P. No. 720 in Mangaldai town. 2.3.3) Land measuring 3K-19L covered by Dag No. 1614 P.P. No. 720 in Mangaldai town. 2.3.4) Land measuring 13L covered by Dag No. 1629 P.P. No. 720 in Mangaldai town. 2.3.5) Land measuring 15L covered by Dag No. 1630 P.P. No. 720 in Mangaldai town. 2.3.6) Land measuring 2B-2K-16L, covered by Dag No. 1642 P.P. No. 720 in Mangaldai town. 2.3.7) Land measuring 13-L, covered by Dag No. 2412 P.P. No. 720 in Mangaldai town. 2.3.8) Land measuring 9L, covered by Dag No. 481 P.P. No. 720 in Mangaldai town. 2.3.9) Land measuring 2k-15.13L, covered by Dag No. 1566 P.P. No. 672 in Mangaldai town. 2.3.10) Land measuring 1B-5L, covered by Dag No. 904, 905, 906 P.P. No. 131 in Mangaldai town. 2.3.11) Land measuring 9B-1K-13L, Dag No. 7, 44, 47 P.P. No. 10 in Mangaldai town. 2.3.12) Land measuring 2B-19L, Dag No. 8 P.P. No. 16 in Mangaldai town. 2.3.13) Land measuring 4K-18L, covered by Dag No. 622, 625, 627, 629, 645 P.P. No. 244 in Mangaldai town. 2.3.14) Land measuring 1B-2L, covered by Dag No. 905, 906 P.P. No. 89 in Mangaldai town. 2.3.15) Land measuring 4B-16L, covered by Dag No. 904, 32 P.P. No. 13 in Mangaldai town. 2.3.16) Land measuring 1B, covered by Dag No. 144 P.P. No. 160 in Mangaldai town. 2.3.17) Land (to be verified) covered by Dag Nos. 7, 9, 292, 299, 434, 436, 438, 479, 588, 590, 594, 596, 599, 637, 639, 641, P.P. No. 133 in Mangaldai town. 2.3.18) Land (to be verified) covered by Dag No. 359 P.P. No. 89 in Mangaldai town. 2.3.19) Land (to be verified) covered by Dag No. 890 P.P. No. 20 in Mangaldai town. 2.3.20) Land (to be verified) covered by Dag No. 180, 274, 338, 359, 364, 390, 416, 424, P.P. No. 132 in Mangaldai town. 2.3.21) Land (to be verified) covered by Dag No. 529, P.P. No. 407 in Mangaldai town. 2.3.22) Land (to be verified) covered by Dag Nos. 161, 178, 185, 187, 190, 191, 458, 459, 461, 549 (pre 1987 classification), P.P. No. 57 in Mangaldai town. 2.3.23) Land (to be verified covered by P.P. No. 936 in Mangaldai town. 2.3.24) Eksonia Land (to be verified) covered by P.P. No. 1 in Mangaldai town. 2.3.25) Eksonia Land (to be verified) covered by P.P. No. 4 in Mangaldai town. 2.3.26) Eksonia Land (to be verified) covered by P.P. No. 20 in Mangaldai town. 2.3.27) Eksonia Land (to be verified) covered by P.P. No. 12 in Mangaldai town. 2.3.28) Eksonia Land (to be verified) covered by P.P. No. 85 in Mangaldai town. 2.3.29) Ekhonia Land (to be verified) covered by P.P. No. 86 in Mangaldai town. 2.3.30) Land (to be verified) covered by P.P. No. 187 in Mangaldai town. 2.3.31) Land (to be verified) covered by P.P. No. 682 in Mangaldai town. 2.3.32) Land (to be verified) covered by P.P. No. 130 in Mangaldai town. 2.3.33) Eksonia Land (to be verified) covered by P.P. No. 641 in Mangaldai town. 2.3.34) Eksonia Land (to be verified) covered by P.P. No. 80 in Mangaldai town. 2.3.35) Eksonia Land (to be verified) covered by P.P. No. 476 in Mangaldai town. 2.3.36) Eksonia Land (to be verified) covered by P.P. No. 476 in Mangaldai town. 3) Mesne profits & incomes: Schedule-E: Mesne Profits and Income. 3.1) Profits from businesses. The final figure for profits will depend on the actual date of settlement. 3.2) Rental Income: The breakdown of rental income is as follows: JUDGEMENT_45_LAWS(GAU)9_2018_1.html JUDGEMENT_45_LAWS(GAU)9_2018_1.html 3.3) Remuneration: The breakdown of remuneration is as follows: JUDGEMENT_45_LAWS(GAU)9_2018_3.html JUDGEMENT_45_LAWS(GAU)9_2018_3.html 3.4) Profit from Agricultural Produce: The final figure for profits from agricultural produce will depend on the actual date of settlement. 4) Bonds/ Shares, if any, in the name of late Shri Benoy Kumar Ghosh. 5) Details of any jewellery, other valuables including vehicles owned by Mr. Benoy Kumar Ghosh: 4 tolas of gold (valuation as per 2014-15 Wealth Tax=Rs.1,11,480.35) as reflected in the 2012-13, 2013-14 and 2014-15 Wealth Tax Returns of late Shri Benoy Kumar Ghosh. 5.1) Motor vehicle: Hyundai Verna Car as per 2013-14 Wealth Tax returns worth Rs.7,29,262/- 6) Investments such as PPF accounts or Insurance held by Mr. Ghosh. The plaintiff is not aware or knows of any such investments. The defendants may be directed to produce the particulars of such assets. 7) Details of all Bank accounts opened by late Shri Benoy Kumar Ghosh. 7.1) Nominated Bank Accounts JUDGEMENT_45_LAWS(GAU)9_2018_5.html JUDGEMENT_45_LAWS(GAU)9_2018_5.html The declared total of Rs,140,68,075.66 was deposited into two separate accounts in the name of Mrs. Ushasi Ghosh (SBI=Rs.65,60,562; UCO=Rs.39,07,5013). The nominee has subsequently paid the Appellant- Plaintiff's share of Rs.26,17.018 vide three cheques on 29.02.2016 and these have been successfully realized. 7.2) Un-nominated Bank Accounts: JUDGEMENT_45_LAWS(GAU)9_2018_7.html JUDGEMENT_45_LAWS(GAU)9_2018_7.html These accounts as declared by the accountants of R.L. Ghosh & Sons require Succession Certificates before they can be shared. 8) Movables recovered by the police authorities post robbery in the premises of late Shri Benoy Kumar Ghosh on 29 August 2014. The police authorities claimed that the miscreants stole approximately Rs.63 lakhs besides other movables including documents from the premises of Late Shri Benoy Kumar Ghosh on 29th August, 2014. The plaintiff is not aware of what has been recovered and in possession of whom.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.