KALPANA SHAW Vs. BRATIN SAHA

JUDGEMENT

(1.) The appeal is arising out of a judgment and decree dtd. 12/1/2009, in a suit for declaration, recovery of Khas possession and mesne profits.

(2.) The appellants are the legal heirs of Bilash Behari Shaw @ Saha.

(3.) Briefly stated one Bonku Behari Shaw @ Saha was the common ancestor of the parties. Bonku Behari owned several properties both movable and immovable. During his life time Bonku Behari executed his last Will and testament on 24/11/1925. Bonku Behari had two wives. His first wife Smt. Radha Rani predeceased Bonku Behari and before the execution of the Will. From the first wife Bonku had four daughters and one son. At the time of execution of the Will his son Bonobehari and two daughters Brojo Gopi and Nidhubala were alive.