DHANANJNY PATRA Vs. AMIYA KUMAR BASIL CHOWDHURY & ORS.

JUDGEMENT

(1.) This appeal is from the judgment and decree passed in appeal whereby an appeal from the decision of the learned Munsif in a suit for partition was allowed.

(2.) Stated briefly the facts are as follows : The suit property which includes a tank measuring about 0.29 acres and a doba measuring about 0.11 acre originally belonged to one Kamdeb Patra who held the same as a tenant under an annual Jama of Rs. 24/-. He died leaving four sons, namely, Anu, Bhanu, Sonu and Prankrishna. On Sonu dying unmarried his said 3 brothers got each ⅓rd share in the suit property. Thereafter Anu died leaving his son Krishnalal; Bhanu died in or about 1950 leaving his widow Manjari, plaintiff No. 5 and 3 sons namely plaintiff No. 1 Dhananjoy, plaintiff No. 3 Bonamali and plaintiff No. 4 Kucho and Prankrishna died in or about 1952 leaving his widow Nemo ana two sons, namely, plaintiff No. 2 Bishnupada and defendant No. 4 Keshab.

(3.) On the aforesaid allegations the plaintiffs brought the present suit for partition on a declaration that the relevant entries. In the revisional record-of-rights were erroneous, that they together with defendant No. 4 inherited ⅔rd share in the suit property and that the Roychowdhurys who are defendants Nos. 1-3 acquired ⅓rd share only which they got by purchase from said Krishnalal, son of Anu.