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Issues:
1. Disputed property ownership and partition 2. Alleged fraud in lease document execution 3. Binding nature of lease document 4. Validity of admissions made in the case 5. Determination of property shares Analysis: Issue 1: Disputed property ownership and partition The case involves a dispute over the ownership and partition of a property originally belonging to Abdul Sobhan Khan. The plaintiffs, descendants of Gopal Chandra Saha, claimed their share in the property after partition and migration to West Bengal. The defendant No. 1, as the Karta of the Hindu joint family, was accused of not complying with the demand for partition, leading to the lawsuit seeking a partition decree based on the plaintiffs' alleged 8 annas share in the property. Issue 2: Alleged fraud in lease document execution The plaintiffs alleged that defendant No. 1 committed fraud during the execution of a lease document, misrepresenting the shares of the parties involved. The plaintiffs contended that defendant No. 1 falsely claimed a 2/3rd share for himself and paid &8377; 5000 from his personal fund, which was actually sourced from joint property profits. This discrepancy led to the demand for partition. Issue 3: Binding nature of lease document The defendant argued that the lease document, Ext. 2, was binding on all parties, as it was executed with full knowledge and consent of the plaintiffs. However, the plaintiffs challenged this assertion, claiming that the document misrepresented their shares due to the minor status of plaintiff No. 1 and the illiteracy of plaintiff No. 2, necessitating a modification of the decree. Issue 4: Validity of admissions made in the case The court examined the probative value of admissions made by the parties, emphasizing that an admission is substantive evidence. The defendant's contention that the document of lease was genuine was upheld based on the evidence presented, including the involvement of a lawyer in drafting the documents. Issue 5: Determination of property shares After considering the evidence presented by both parties, including witness testimonies and legal arguments, the court ruled in favor of the defendant, declaring that the plaintiffs and defendant No. 1 had 1/3rd and 2/3rd shares, respectively, in the disputed property. The court also recognized defendant No. 2's right to residence and maintenance from the property income. In conclusion, the High Court of Calcutta allowed the appeal, modifying the judgment to reflect the revised shares of the parties in the disputed property, while upholding defendant No. 2's rights as per the original arrangement. The judgment highlighted the importance of evidence, legal principles, and equitable considerations in resolving the complex property ownership and partition dispute.
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