TARAPADA SADHUKHAN Vs. GANODA PRASAD SADHUKHAN

JUDGEMENT

(1.) The Appellants and Respondent No. 1 are close relations, the Appellants being nephews of the Respondent. The ether Respondent Messrs. Sinclair Murray and Company is a lessee in respect of one of the suit properties.

(2.) The disputed properties along with many other items belonged to one Girish Chandra Sadhukhan. Girish had two wives. By the first, he had a son Becharom and his second wife Benodini bore him three sons-Panchanan, Amulya and Ganoda. Girish died in or about 1313 B.S. and he was survived by his second wife Benodini and by all his four sons, Becharam, Panchanan, Amulya and Ganoda. The properties of Girish thus devolved on his death on his said four sons.

(3.) Some time in 1317 B.S. Panchanan died childless leaving as his sole heir and legal representative his widow Sm. Khagabala Dasi and shortly thereafter the joint properties of the four brothers were partitioned through the arbitration of their common relative Chandi Charan Sadhukhan. The award of this arbitrator which made the allotments between the four branches, represented by the three surviving brothers Becharam, Amulya and Ganoda and the widow Sm. Khagabala of the deceased brother Panchanan and which made provision also for the surviving widow of Girish, namely, Benodini, was duly registered and accepted by all the parties. That award is dated February 27, 1920. It is Ex. 1 in the present case and on the construction and effect of that award depends the decision of this appeal.