SANJIB BANERJEE,SABYASACHI BHATTACHARYA,J. - (1.) The appellants are the daughters of one Bimal Chandra Ganguly, deceased, who was rehabilitated by the State upon the State acknowledging that he was a displaced person within the meaning of the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised Occupation of Land Act, 1951. The respondent is the brother of the appellant-plaintiffs.
(2.) The father of the parties was allotted a 4-cottah land at Mouza Raipur, Jadavpur in or about 1987. The relevant document prohibited the transfer of the land donated by the State to the father of the parties for a period of 10 years from the date of the original grant without the previous permission of the State. However, there was no further embargo on the donee and the donee was given complete rights in respect of the gifted property.
(3.) The appellants herein are married and do not reside at the suit premises. The appellants, however, sought to assert their claim qua the suit premises and instituted the partition suit in the year 2009. The suit was dismissed by a judgement and decree dated May 30, 2016 upon the trial court relying on certain notifications issued by the State dated April 23, 1981 and April 20, 1987. The trial court noticed that such notifications provided that in respect of homestead plots that were allotted by the State, the beneficiaries of the allotments would be all members of the family though the allotment order may have been issued in the name of one member of the family or the karta or de facto head of the family or the eldest male member or the like.;