B. Bhattacharya, J. - (1.) This First Appeal is at the instance of a plaintiff in a suit for partition and is directed against the judgement and decree dated 21st April, 2001 passed by the learned Civil Judge, Senior Division, Third Court, Alipore, District -South 24Parganas, in Title Suit No. 218 of 1984 thereby dismissing the said suit.
(2.) Being dissatisfied, the plaintiff has come up with the present first appeal.
(3.) The appellant before us filed in the Third Court of Subordinate Judge, Alipore, a suit being Title Suit No. 218 of 1984 for partition against his mother and the sister and the case made out by the appellant, as it stands after the amendment of the plaint, may be summed up thus: (a) Premise No. P/68, Lake Road which was described in schedule 'A' and moveable properties which were described in schedule 'B', 'C' and 'D' were the subject -matters of the suit and those belonged to Bibhuti Bhusan Bhattacharjee, since deceased, the father of the appellant and the defendant No. 2 and the husband of the defendant No. 1. Therefore, on the death of the said Bibhuti Bhusan, the said property devolved upon the plaintiff and the defendants in equal undivided one -third share. (b) In the year 1938 -39, Bibhuti Bhusan purchased the said house being P/68, Lake Road in the benam of his wife, the defendant No. 1, in order to avoid payment of income tax although he paid the entire consideration money for the purchase. After two years of the said purchase, the said Bibhuti Bhusan, from time to time, constructed a three -storied building which was completed in the year 1942. At the relevant point of time, the said Bibhuti Bhusan was a civil engineer and used to serve at Heakly & Gresham Company of 31, Chittaranjan Avenue and used to earn handsome amount of money. The defendant No. 1 was a housewife and she had no source of income and her parents' family used to live from hand to mouth. During the lifetime of Bibhuti Bhusan, he brought the defendant No. 2, his married daughter, and her husband in the said house and the defendant No. 2 used to live in the separate mess. (c) Subsequently, the defendant No. 2 in collusion with her mother, the defendant No. 1, started misbehaving with the plaintiff and his wife which was noticed by Bibhuti Bhusan who realised that it was not possible for the plaintiff to reside at the suit house at P/68, Lake Road. (d) Accordingly, in the last part of 1979, the plaintiff with his family was forced to leave the dwelling house and started staying in his brother -in -law's house at B/22, Ata Bagan Road, Garia, Kolkata, with great inconvenience. (e) During the lifetime of Bibhuti Bhusan, he used to keep all his valuables including all shares and securities and the documents in the dwelling house which the defendant No. 1 in collusion with the defendant No. 2 obtained in their custody after the death of Bibhuti Bhusan. (f) Bibhuti Bhusan, till his death, used to induct tenants and realised rent in respect of the property at P/68, Lake Road and granted receipts by writing out the body of the receipts and getting the receipts signed by the defendant No. 1 to maintain the benami character. (g) During the pendency of the suit, the defendant No. 1 died on 5th November, 1992 leaving behind the plaintiff and the defendant No. 2 as her legal heirs and successors and after the death of the defendant No. 1, the entire suit property is owned only by the plaintiff and the defendant No. 2 each having half share. Hence the suit.;