It is thus that Bibhuti Paul got a l/9th share in the suit property.
4 of 1989 against Bibhuti Paul Defendant No.
2000 Supp 3 SCR 733 The Judgment of the Court was delivered by S.N. VARIAVA, J. Leave granted.
In this suit a declaration was also sought that the sale by Bibhabati Pal in favour of Goutam Paul was illegal and void and number binding on the Plaintiffs.
The 1/3 share of mother Naras Nandini Paul went to her sons Banwari Lal Paul, Barid Baron Paul and daughter Elbhuti Paul.
The Plaintiffs sought to buy over the share of Bibhuti Paul, which had been sold to Goutam Paul.
This three storied building is hereinafter referred to as suit property.
As stated above, Nilratan Paul and Bimal Chandra Paul were two sons of Jonoranjan Paul.
On 3rd December, 1988 Appellant purchased the l/9th Share of Bibhurt Paul in the suit property.
They each got a l/9th share.
After the death of his father Appellant companytinued to stay in that room.
2 , Sujit, Gita, Chabi and Rubi Defendant 3 to 6 respectively .
The Trial Court kept the proceeding under Section 4 of the Partition Act pending, to be decided later on after recording evidence.
Even though Bijoy Ratan Paul sold his share to Nirode Baran Paul he companytinued to staty in one room in the premises.
As stated above, even though Bejoy had sold his share to Nirode, he companytinued to occupy one room in the suit property.
It also held that Goutam Paul had l/9th share in the property.
Nirode Baran Paul died on 7th February 1965.
On his death his mother Naras Nandini Paul, his wife Debi Rani Paul and his daughter Radha Rani Paul each got a 1/3 share in the property.
By this they gifted the suit property to Nilratan Paul, Nitrogen Baran Paul and Bimal Chandra Paul.
By a Deed of Partition executed on 25 June, 1957 Bimal Chandra Paul took property at 14 S.B. Lane.
The suit property came to Nirode Baran Paul.
1 Gautam Paul Defendant No.
On 25th February, 1957 Bejoy Ratan Paul sold his share in the property to Nirode Beran Paul.
In this suit an application was made under Section 4 of Partition Act.
During his life time the said Jonoranjan Paul had sold the suit property to one Dr. Trollukya Nath Ghosh.
The Appellant is the son of Bejoy Ratan Paul.
The suit was for partition of suit property.
Being aggrieved, by their application under Section 4 of the Partition Act number having been decided, the Plaintiffs i.e. Respondents 1 and 2 herein filed a First Appeal, which was ultimately numbered as 152 of 1993.
After the death of Dr. Trollukya Nath Ghosh the suit property went to his heirs.
Debi Rani Paul and Radha Rani Paul wife and daughter of Nirode filed Suit No.
The said Dr. Jonoranjan Paul had six sons, namely, Satish, Kiron, Biren, Nilratan, Nirmal and Bimol.
He then also occupied the room which had earlier been occupied by Bibhuti Paul.
Nilratan Pauls share went to his son Bejoy Ratan Paul.
The heirs executed a Gift Deed dated 2nd June, 1947.
Nirode Baran Paul was the son of Kiron Chandra Paul.
This Appeal is against an Order dated 11th September, 1998 passed by the High Court of Calcutta.
Briefly stated the facts are as follows One Dr. Jonoranjan Paul was the owner of premises No.
The l/9th share of Banwari Lal Paul went to his son Sujit Paul and three daughters Gita, Chabi and Rubi, They each got a l/36th share in the suit property.
