SHEW BUX MOHATA Vs. AJIT NATH DUTTA

JUDGEMENT

(1.) The only question arising in this certificate appeal is whether the will of Nursingdas Seal imposed any restriction on the power of the executrix appointed by the will to dispose of his immovable properties vested in her as the executrix.

(2.) Nursingdas Seal was the owner of garden land measuring 31 bighas and known as premises Nos. 26, 27 and 28. Dum Dum Cossipore Road, Ghooghoodanga. He died in December 1888, leaving a will, dated December 11, 1888 whereby he appointed his widow, Sukheswari, as the executrix and bequeathed his estate to Sukheswari for her natural life and thereafter to his son, Nilakantha absolutely by way of vested remainder.

(3.) On September 9, 1899 one Sewdas Mohata purchased the interest of Nilkantha in the garden lands at an auction sale held in execution of a decree passed in a suit to enforce a mortgage, dated September 7, 1893 executed by Nilkantha. Nilkantha became an insolvent and his estate vested in the Official Assignee of Bengal. Sewdas's title to the property subject to the life interest of Sukheswari was confirmed by a compromise decree, dated February 17, 1904 in passed in Suit No. 595 of 1901 and a conveyance, dated August 17, 1904 executed by Sukheswari and the Official Assignee of Bengal as the assignee of the estate of Nilkantha. On April 20, 1933, Sukheswari died. The title of Sewdas to the property subsequently devolved on the plaintiffs.