ASIRUDDIN MONDOL Vs. LATIFUNNESSA BIBI

JUDGEMENT

(1.) This is an appeal by the Defendant No. 1 against a preliminary decree in a suit for partition of immovable properties and the plaintiffs have filed cross-objections against the decree in so far as it has dismissed the plaintiffs claim with respect to certain items of the claim. The following genealogical table [vide P. 1177] will be of help in understanding the relations between the parties and the basis of their respective shares claimed in the disputed properties.

(2.) Basir, it appears, died in the year 1885 and left his mother, three widows and a large family by two of them as his heirs. The third widow, Rahimannessa, was childless. The present suit relates to the property left by Basir who it appears, was a substantial cultivator and left considerable properties both moveable and immovable. His two daughters by his wife Gofurennessa are Plaintiffs Nos. 1 and 2 and the husband of a deceased daughter by the same wife is the Plaintiff No. 3.

(3.) The Defendant No. 1 is the only son of Basir by Gofurennessa, and the suit is really directed against him, the other defendants are the other claimants to the property with the exception of Defendant No. 8 who is the wife of Defendant No. 1. Plaintiff No. 3 married Momezunnessa, one of Basir's daughters, in the year 1890 and became a widower in 1893, and married the plaintiff No, 2 in 1896. It is as husband of his deceased wife that he claims a share in Basir's property.