ASHIM MONDAL AND OTHERS Vs. PANCHANAN MONDAL AND ANOTHER

JUDGEMENT

(1.) 1. This is an appeal from decision of Shri D. Guha Majumdar the learned Subordinate Judge, 9th Court, Alipore in Title Suit No. 117 of 1969 dated 28.2.1977. That was a suit for partition between the descendants of one Pashupati Mondal of No. 11, Chingrighata Lane, Police Station, Entally, whose relationship with one another may be described below by the following genealogical table:-

(2.) After the death of Sharat on 17-4-44, Nagendra became the karta of the joint family. He as Karta obtained probate of the Will left by Sharat, Panchanan being in possession of his ⅓rd share within the joint property, possessed the sane jointly with the other two co-sharers namely, Nagendra and Debendra, Nagendra as karta of the joint family acquired considerable properties mentioned in Schedule "C" of the plaint with the income and profits of the joint properties.

(3.) After the death of Nagendra which took place on 10-4-60, the surviving brother Debendra became the karta of the joint family. Disputes and dissensions arose during his time and he also disposed of 10 bighas of joint property taking advantage of the fact that the said property was acquired in name of his wife Smt. Kamala, defendant No. 2. Being approached, Debendra refused to give any account of the joint properties or to explain his conduct. Hence, the suit for partition.