- (1.)HRISHIKESH BANERJI, J. The present appeal is directed against the order of dismissal of the suit for partition of the plaintiffs' share in the suit property with consequential reliefs of final decree and other consequential reliefs.
(2.)One Motilal Sett was a licensed vendor of Ganja and Opium. He was also owning other businesses. By a Kobala dated November 17, 1905 he purchased the 'Ka' schedule property measuring 13 Kotahs 2 Chhitaks at premises No. 4, Durgadas Lane, Khidirpur in the benami of his wife Sashimukhi Dasi for a consideration of Rs. 12,000/- out of which a sum of Rs.3,999/- was paid in cash and for the balance Sashimukhi executed a mortgage deed in favour of one Satyacharan Mukhejee in respect of the aforesaid property. Motilal was later adjudged an insolvent through Court. He died in the year 1910 leaving his widow, Sashimukhi and four sons Surendra, Rajendra. Lalit and Nagendra. Surendra, Rajendra and Nagendra died in 1967, 1945 and 1952 respectively.
(3.)Sashimukhi borrowed a sum of Rs. 10.000/- from one Sitesh Chandra Mukhejee by executing a mortgage bond dated 10.3.1920 and with that money the aforesaid four brothers started the business of Ganjia and Opium as also a timber business. They also started fishery and motor parts business in Calcutta. All the businesses were joint business of four brothers.
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