- (1.) Civil Appeals Nos. 6258-6259 of 2000 These civil appeals, by grant of special leave, are directed against the judgment and order dated 4-9-2000 passed by the High Court of Calcutta in First Appeal Nos. 46 and 47 of 2000 confirming the judgment and decree passed by the Court of 9th Sub Judge, Alipore, Calcutta in Title Suit No. 89 of 1981, whereby the suit for partition stood decreed. It may be clarified that Civil Appeal No. 6258 of 2000 has been preferred by Crystal Developers who were original defendant No.14 in title suit No. 89/81 whereas Civil Appeal No. 6259 of 2000 has been filed by Archit Vanijya and Viniyog Pvt. Ltd. and others, original defendants Nos. 15 to 20 in the said suit No. 89/81.
(2.) Since common questions of law and fact arise in the said Civil Appeals, the same were heard together and are disposed of by this judgment.
(3.) The facts giving rise to these appeals are as follows :- One Balai Chand Ghosh (since deceased) had three wives. His first wife was Jamuna, from whom he had two sons, Naresh and Paresh. Nirmala was the second wife of Balai Chand Ghosh, from whom there were four sons and two daughters, namely, Jogesh, Ramesh, Bhabesh and Suresh. The names of the two daughters were Parul and Manju. Mamta was the third wife who had only one issue, Arindam.;