- (1.) This appeal on behalf of Defendant 1 is directed against a preliminary decree for partition passed by the Sub-ordinate Judge, Howarah.
(2.) The property in suit originally belonged to one Narasinga Mukherjee who died on 16th October 1985, leaving his son Abani Mohan, who is defendant 1 in the present suit and Biswanath, the son of a predeceased son Suranath Biswanth is the plaintiff and his mother Parul Bala is defendant 2. Biswanath brought the present suit for partition by metes and bounds in respect of his 8 anna share in the joint properties.
(3.) Various points were raised by Abani by way of defence but it is not necessary to refer to all those in the present appeal. The plaintiff's mother, Parul Bala, did not file any written statement. The learned Subordinate Judge decreed the suit declaring an 8 anna share in the suit properties in favour of the plaintiff and defendant 1 respectively. The decree further provided: "Defendant 2 be declared to have a right of residence in the family dwelling house, and to have a charge therefore on the said properties." There was a further direction for the appointment of a Commissioner for partition.;