HIRALAL SETT Vs. LALIT MOHAN SETT
HIGH COURT OF CALCUTTA
LALIT MOHAN SETT
Click here to view full judgement.
(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
Copyright © Regent Computronics Pvt.Ltd.