Calcutta High Court
Suresh Kumar Benani & Ors vs Ramgopal Benani And Ors on 30 September, 2024
Author: Sugato Majumdar
Bench: Sugato Majumdar
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
Present:
The Hon'ble Justice Sugato Majumdar
CS/321/2011
SURESH KUMAR BENANI & ORS.
VS
RAMGOPAL BENANI AND ORS.
For the Plaintiffs : Mr. Aniruddha Mitra, Adv.
Mr. Joydeb Ghorai, Adv.
Mr. Diptesh Ghorai, Adv.
Mr. Dipayan Dasgupta, Adv.
For Defendant nos. 1 to 7 : Mr. Pradeep Kumar, Adv.
For Defendant nos. 9 & 10 : Mr. Deb Kumar Chandra, Adv.
Mr. Sanjoy Das, Adv.
For Defendant nos. 15 to 18,
21,22, 24 & 25 : Mr. Sayak Konar, Adv.
For Defendant nos. 8, 11(b),
12 & 13 : Mr. Anubhav Sinha, Adv.
Mr. Ashis Kr. Mukherjee, Adv.
Mr. Saurabh Prasad, Adv.
For the Receiver : Mr. Debraj Bhattacharya, Adv.
Hearing concluded on : 24/09/2024
Judgment on : 30/09/2024
2
Sugato Majumdar, J.:
This is a suit for partition by metes and bounds of the immovable properties
described in Schedule-E of the plaint.
Preliminary decree was drawn up on 25/02/2020 which was subsequently
amended in terms of various orders passed by this Court.
Partition Commissioner was appointed who submitted his final report dated
30/12/2023 to this Court. All the parties accepted the Report of the Partition
Commissioner without any demur or exception.
In view of deaths and relinquishment the following names shall be deleted
from the Report of the Partition Commissioner:
Particulars Name Lot No. Reason
Plaintiff no. 2 Pamela Dujari E Relinquishment Affidavit
Defendant no. 2 Rachna Baheti B Relinquishment Affidavit
Defendant no. 14 Om Prakash Benani D Died on 01.02.2024
Defendant no. 15 Jayanti Kabra D Relinquishment Affidavit
Defendant no. 18 Jyoti Karwa D Relinquishment Affidavit
Defendant no. 22 Durga Devi Benani A Died on 08.06.2024
Immovable properties, subject matter of partition, are:
i. Premises No. 16, Dum Dum Cossipore Road, Kolkata,
presently holding No. 128, Dum Dum Cossipore
Road, Kolkata - 700074.
ii. Premises No. 24, Strand Road, Kolkata - 700001.
iii. A portion of 5B, N.C. Dutta Sarani, Kolkata -
700001.
Property shall be divided among the lots constituted by group of parties in the
following manner; each group shall be headed by the eldest member by the group.
Lot Group Share Eldest Member in Group
A Defendant Nos. 8, 9, 10 1/3rd Ghanshyamdas Benani
11b, 12 and 13 (jointly)
B Defendant Nos. 1, 3 to 1/3rd Ramgopal Benani
7 (jointly)
C Defendant Nos. 20, 21 1/9th Smt. Santosh Benani
& 25 (jointly)
D Defendant Nos. 16, 17 1/9th Smt. Sarla Devi Benani
& 24 (jointly)
E Plaintiff Nos. 1, 3 to 1/9th Suresh Kumar Benani
6 (jointly)
In the following manner the property shall be distributed among different lots
in accordance with the Report of the Commissioner.
A sum of Rs.15,00,000/- approximately is lying in the bank account of the
Learned Receiver. A sum of Rs.1,00,000/- + 10% (clerkage) shall be retained by the
Learned Partition Commissioner and the Learned Receiver, each, as their full and
final settlement. A sum of Rs.50,000/- shall be paid to the Plaintiffs for
reimbursement on account of payment stamp duty. The rest of the amount shall be
distributed equally among the five lots. Eldest member of the each lot shall receive
payment from the Learned Receiver on behalf of the lot. In case any of the eldest
member refuse to receive such payment, the same shall be deposited with the
Learned Registrar, Original Side.
It is further clarified that each lot may inter se distribute the sum of money so
received. It will not be the liability of the Learned Receiver or the Learned Partition
Commissioner to make distribution inter se member of the each lot.
The Learned Commissioner for Partition shall execute and register necessary
registered deeds. The Learned Receiver shall be discharged after disbursement of the
sum of money lying in the bank account and the Learned Partition Commissioner
shall be discharged on execution of necessary registered deeds.
Let decree be drawn up.
Report of the Learned Partition Commissioner shall be part of the decree.
The instant suit stands disposed of.
(Sugato Majumdar, J.)
