RANI Vs. SANTA BALA DEBNATH

JUDGEMENT

(1.) One Sashi Bhusan was possessed of a piece of land at Mouza Behala District 24-Parganas admeasuring .98 acres. The land devolved on the death of Sashi Bhusan in 1920 upon his daughter Sarala. Under the Dayabhaga system of law, Sarala inherited the property of her father as a limited owner. Sarala married Kunja Behari. The latter died in 1937 leaving him surviving Sarala, two sons Tulsi and Gobinda, and four daughters Nalini, Kamala, Mangala and Radha. Two of the daughters were married during the lifetime of Kunja Behari. Kunja Behari left no estate except a residential house constructed on the land at Mauza Behala. Kunja Behari was ailing for about one year before his death in 1937. He was in an humble walk of life, and was apparently not profitably employed during his lifetime. At the time of his death the two sons Tulsi and Gobinda were minors.

(2.) On October 22, 1941, Sarala executed a deed, Ext. E, agreeing to sell a part of the land (.90 acres) for Rs. 1,100/- to Chapalabala wife of Sakha Nath Ghosh. It was recited in the agreement of sale that Sarala had agreed to sell 90 acres of land possessed by her "on account of financial need and to pay off certain debts". Sarala acknowledged receipt of Rupees 101/- as earnest money. It appears that Sarala was for some time thereafter disinclined to carry out the bargain. However on March 13, 1942 she executed a deed, Ext. C, conveying the land agreed to be sold for a consideration of Rs. 1,500/- to Chapalabala and Banikana It was recited in the deed:

(3.) On the date of the sale the rent in respect of the land was in arrears. It also appears that before the date of sale Mangala had been given in marriage and the youngest daughter Radha remained to be married. Sarala had also to provide for food and clothing for at least five persons. Sarala had only a residential house and the land in dispute and she had no source of income.