MONGAL CHANDRA GOLE Vs. DHIRENDRA NATH GOLE

JUDGEMENT

(1.) This appeal is at the instance of the plaintiff and it arises out of a suit for partition and accounts. The only point that is involved in this appeal is whether the illegitimate son of a Sudra by a Brahmin concubine is entitled to inherit his property along with his legitimate son.

(2.) The facts which have not been disputed before us are that the property in suit belonged to one Bhadreswar Gole, a Sudra, who died on February 24, 1944 leaving behind him the plaintiff Mongal, his illegitimate son, the defendant No. 1 Dhiren, his legitimate son and the defendant No. 2, his widow. About 30 years prior to his death, Bhadreswar had kept the plaintiff's mother Urmila Bala Debi, a Brahmin widow as his mistress and lived with her as husband and wife till his death. When the plaintiff's mother was in the exclusive keeping of Bhadreswar, the plaintiff was born. Bhadreswar subsequently married the defendant No. 2 Monorama Dasi. The defendant No. 1 Dhiren is the son of Bhadreswar by Monorama. The parties are governed by the Dayabhaga School of Hindu Law. The plaintiff claims that as the illegitimate son of his father he has inherited l/4th share in the properties in suit, that is, half of the share inherited by the defendant No. 1, the legitimate son of Bhadreswar.

(3.) The defendants contested the claim of the plaintiff. It was inter alia contended by them that as the plaintiff's mother was a Brahmin woman, he was not entitled to have any share in the properties left by Bhadreswar.