KALYAN KUMAR DUTTA Vs. SANATAN SARKAR

JUDGEMENT

(1.) This appeal is at the instance of defendant no. 3/appellant directed against the judgment and decree dated 10th March, 2005 passed by learned Additional District Judge, 4th Court, Barasat, North 24-Parganas in Title Appeal No. 4 of 2000 and in Title Appeal No. 19 of 2000, inter alia, partly confirming and partly reversing the judgment and decree dated 26th August, 1999 passed by learned Munsif, 2nd Court, Barasat, North 24-Parganas in Title Suit No. 174 of 1981.

(2.) Brief facts leading to the instant appeal is that one Kiranbala Dasi was the owner of suit property measuring an area of 17 satak appertaining to J.L. No. 06, R.S. Khaitan No.3787, R.S. Dag No. 2521, 11 satak of land in R.S. Khatian No. 3786, R.S. Dag No. 2520/9238 and 04 satak in R.S. Khatian No.206, R.S. Dag No. 2522/9242 of mouza Halisahar, old holding no.294, Colonel K.P. Gupta Road, Ward No. 8 within Halisahar Municipality, P.S. Bizpur, District North 24 Parganas.

(3.) The said Kiranbala Dasi died intestate on 24.10.1964 leaving behind her surviving two daughters namely, Nanibala Ghosh and Sabita Sarkar as heirs and legal representatives. The eldest daughter Nanibala Ghosh died on 31.08.1973 without any issue and her husband also predeceased her. According to plaintiffs' case the youngest daughter Sabita Sarkar acquired the share of late Nanibala Ghosh in respect of the above property which originally belonged to Kiranbala Dasi their mother. Thus it is contended that the said Sabita Sarkar inherited the entire immovable properties left by Kiranbala Dasi.