Kolkata Court June 1937 Judgments

Narendra Nath Roy and ors. Vs. Abani Kumar Roy and ors.

Court: Kolkata

Reported in: AIR1938Cal78

R.C. Mitter, J.1. The suit out of which this appeal arises is a suit for partition of joint property and for taking accounts from defendants 1 and 2 The properties sought to be partitioned have been described by the plaintiffs in three schedules attached to the plaint. Schs. Ka and Khar describe the immovable properties and Son. Ka gives details of what is termed the joint money lending business. The properties Schedule Ka are claimed to be the joint ancestral properties and those of Son. Kha the properties acquired out of the income of the former. Some of the defendants claimed some of the items of Sob. Kha as their self-acquired properties, but these claims have been negatived by the learned Subordinate Judge and no further question has been raised before us in respect of the said claims. The learned Subordinate Judge by his judgment dated 22nd December 1933 passed a preliminary decree for partition of the properties of Schs. Ka and Kha except items 3, 8 to 10, 19, 20, 37, 40, 50 to ...