ISHAN CHANDRA DAS, J. - (1.) THIS appeal is directed against the Judgment and Decree dated September 15, 2006 and October 19, 2006 respectively passed by the learned Civil Judge (Sr. Division), Alipore, 24 Parganas (South) in T.S. No. 44 of 2006. Briefly stated, the case of the appellant (the plaintiff of the original suit and hereinafter referred to as the appellant) is that the properties, movable and immovable both, referred to in the scheduled 'A ' , 'B ' and 'C ' of the plaint originally belonged to one Sudhanshu Mohan Das, being a Hindu and to be governed under the Daybhaga School of Hindu Law and he died intestate on March 1, 1971 leaving the appellant and the respondents (defendants of the original suit and hereinafter referred to as the respondents) as his legal heirs.
(2.) THE respondent no. 1 (defendant no. 1 and hereinafter referred to as respondent no. 1) was the only adult member of the family and he began to look after the immovable properties, jewellery business under the name and style of M/s. Laxminarayan Das & Sons at 81, Chowranghee Rd. and money lending business left by his father Sudhanshu Mohan Das. In the later part of 1971, the said jewellery business was also started in the Premises No. 69, Chowranghee Rd. Out of the income from said jewellery business, the respondent no. 1 with the aid and assistance of the respondents no. 2 & 3 opened a new silver jewellery business under the name and style ''Shilpa Jewellers '' at Premises No. 69, Chowranghee Rd. where they developed the building by way of additional construction. The respondent no. 1 with the assistance of the respondents ' no. 2 & 3 also started a new electronic business under the name and style ''Sony Electronics '' at the Premises no 69, Chowranghee Rd. Subsequently, the respondent no. 1 managed to get his other brothers in his grip and continued to look after the family business of jewellery under the name and style M/s. Laxminarayan Das & Sons but after the death of said Sudhanshu Mohan, whenever the appellant enquired about Gold dealing licence, which was in the name of their father, the respondent no. 1 being the eldest brother told her (the appellant) that such Gold dealing licence was transferred in the names of all the heirs and legal representatives of late Sudhanshu Mohan.
(3.) THE appellant believing the statement of the respondent no. 1 and in good faith did not make any further enquiry. The respondent no. 1 informed the appellant that sometime after the death of their father, the jewellery shop at 69, Chowranghee Rd. Would run as the main shop and the original shop at 81, Chowranghee Rd. (Subsequently 81B, Chowranghee Rd.) Would be treated and run as a branch of the said business M/s. Laxminarayan Das & Sons.;