Aniruddha Bose, J. - (1.) This is a suit for partition of the estates of one Samarendrajit Shaw and Smt. Jashoda Shaw being the parents of the plaintiffs and the defendant. The plaintiffs are the two daughters and one son, whereas the defendant is the eldest son of the deceased couple. Originally, one Mrinalini Debi being the landlady of certain premises from where said Samarendrajit Shaw used to carry on business was impleaded as the second defendant, but the suit against her was dismissed by this Court. Accordingly, the eldest son of Samarendrajit Shaw and Jashoda Debi became the sole defendant in the suit, and is being referred to in this judgment as "the defendant". Samarendrajit Shaw and Smt. Jashoda Shaw had passed away on 6th October, 1982 and 2nd November, 1977 respectively. They had four children, all of them being major by age, who are parties to the suit. However, the third plaintiff, originally named Krishnananda Shaw, had later on renounced the world by joining a religious order and took the name of Swami Paripurnananda. It is the admitted position, i.e. accepted by both the parties, that having renounced the world he has no claim over the property sought to be partitioned.
(2.) Thus, the shares of the parties to the properties of said Samarendrajit Shaw and Jashoda Shaw also is admitted being equal shares of one-third each. The suit for partition has been instituted in respect of the following properties : (i) A dwelling house being a two-storied building, bearing premises number 83, Lenin Sarani (formerly Dharmatala Street) Calcutta-13. (ii) A two-storied house being premises No. 20/2 and 22, Harinbari Lane, Calcutta, within the said jurisdiction. (iii) Land comprised of approximately twenty bighas in Mouja Jagatballavpur in the district of Howrah, particulars of which has been given in schedule "A" to the plaint. (iv) Business of wine, being operated under the name and trading style of M. L. Shaw & Co. being carried on from two rented premises bearing street number 15, Ashutosh Mukherjee Road and 2, Dr. Rajendra Road, Calcutta. (v) Cash money and other movable properties alleged to be lying in a bedroom in the premises No. 83, Lenin Sarani, a list of which has been made Annexure "B" to the plaint. (vi) A house known as "Provash Kanan" situated at holding No. 234 at Bhuban Chandra Bhar Road, Chandannagar, District-Hooghly which originally belonged to Smt. Jashoda Shaw, since deceased, and certain jewellery and gold ornaments which, it is claimed, belonged to her
(3.) Barring the dwelling house situated at 83, Lenin Sarani and the jewelleries and movables, the heritability of all the other properties are in dispute. So far as the cash and jewellery and the movables are concerned, their quantum available for partition are also in dispute.;