R.P.MOOKERJEE,J. - (1.) THIS appeal on behalf of the deft. arises out of a suit filed by the pltf. resp. for permanently restraining the deft. from taking joint possession of the homestead.
(2.) THE property originally belonged to the members of a family and the relationship amongst the parties 'will appear from the following genealogical table: NILMONI Dinanath Troilokya Baikuntha=Giribala Rameswar Siddhesar=Narayani Daughter Adhar Pashupati Pltf. Jaladhar Sasadhar The deft. Jogendra Nath had purchased the share which originally belonged to Siddheswar from his widow Narayani and his grandsons Jaladhar and Sasadhar. The case of the pltf. Adhar is that Jogendra on the strength of the said conveyance, is making preparation to take joint possession of the homestead which had been in the possession of Narayani. The pltf. has accordingly filed the present suit for declaration that the property in dispute forms the undivided family dwelling house of the pltf. and his other co -sharers, including Narayani and the deft. being a stranger purchaser is not entitled to take joint possession of any portion of the said homestead. It is accordingly prayed that the deft. being a stranger purchaser may be permanently restrained from taking joint possession on the strength of his purchase of the interest of Narayani. The pltf. has impleaded only the transferee Jogendra Nath. The other co -sharers have not been joined as parties.
(3.) THE defence inter alia raised various issues. The deft. claimed that he was an agnatic relation of the pltf's. family, the property in question was not a homestead and at least a portion thereof was neither a part of the homestead nor the necessary adjunct thereto. It was further claimed that the members of the family had been in possession of separate portions after partition and the portion sold was not a part of any joint homestead. The pltf. and Narayani were possessing lands separately. It was further contended that the suit as framed is not maintainable and the relief as claimed is not available to the pltf. in the present proceedings.;