REGENT COMPUTRONICS PVT. LTD.

Santosh Kumar Mukherjee Appellant

V/S

Anadinath Chattopadhyay Respondents

Referred Judgements :-

BARTON V. DAWES [REFERRED]
WOOD V. ROWCLIFFE [REFERRED]
BAKER V. RICHARDSON [REFERRED]
CORT V. SUGAR [REFERRED]
GRIFFITHES V. PENSON [REFERRED]
NARENDRA NATH V. KAMALBASINI [REFERRED]
UNITED PROVINCES V. ATIQUA BEGUM [REFERRED]
RE BROCKET; DAWES V. MILLER [REFERRED]
INDIRA RANI V. AKSHOY KUMAR [REFERRED]
PURNA CHANDRA V. SUDHANGSU SEKHAR [REFERRED]
JAHANGIR DADABHOY V. KAI KHUSRU [REFERRED]
NISTARINI V. BEHARILAL [REFERRED]
JAGAT BIJOY V. TAMIJUDDIN [REFERRED]
BHUPENDRA V. AMARENDRA [REFERRED]
<RC>ILR(CAL) 1954 2 58;LAWSUIT(CAL) 1951 0 322;</RC> HIGH COURT OF CALCUTTA <JGN>LAHIRI,P. N. MOOKERJEE</JGN> SANTOSH KUMAR MUKHERJEE ANADINATH CHATTOPADHYAY <AT>APPELLATE DECREE 875 OF 1950</AT> 05.05.1951 <SUBJECT>CIVIL,FAMILY,PROPERTY</SUBJECT><SI> SUCCESSION ACT,1925 SEC 124;SUCCESSION ACT,1925 SEC 111; <ACT>SUCCESSION ACT,1925</ACT> <S>S.124</S><ACT>SUCCESSION ACT,1925</ACT> <S>S.111</S> </SI> <FV>APPEAL ALLOWED</FV> <ADV>JITENDRA KUMAR SEN GUPTA,PRAPHULLA KUMAR CHATTOPADHYAYA,SHAMBHU NATH BANERJI [REFERRED TO]
MANIKASUNDARA BHATTAR V. R.S. NAYADU [REFERRED]
BHOLA PROSAD V. EMPEROR [REFERRED]
FRAM NUSSERVANJI BALSARA VS. STATE OF BOMBAY [REFERRED]

JUDGEMENT

(1.) This appeal by the Defendant arises out of a suit for declaration of the Plaintiff's title to the property in suit and for recovery of possession thereof.

(2.) There is no dispute now as to the relevant facts but the whole controversy in this appeal centres round two documents-one a deed of gift (Ex. A) and the other a will (Ex. E) as to the construction whereof the parties greatly differ.

(3.) It is now the common case of the parties that the suit property originally belonged to one Bhutnath Mukherjee. Bhutnath died leaving a will (Ex. E) dated August 23, 1903, which was probated on March 31, 1928. He was survived by his widow Ganeshjanani and daughter Gopaldasi alias Panchu. The Plaintiffs are the nephews (brother's sons) of Gopaldasi's husband Priyanath while the Defendant is her paternal uncle's, son's son. On May 24, 1938, Gopaldasi executed the deed of gift (Ex. A) in favour of the Defendant and she died on October 14, 1943. The suit property which was the bastu or homestead of Gopaldasi was in the occupation of the Defendant at the date of the present suit.

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SANTOSH KUMAR MUKHERJEE Vs. ANADINATH CHATTOPADHYAY

Referred Judgements :-

JUDGEMENT

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