SRIMAN PRABAHAN MITRA Vs. MADHURI MITRA

JUDGEMENT

(1.) These two appeals are at the instance of Sriman Prabahan Mitra, Plaintiff in Title Suit No. 96 of 1982 and Defendant No. 4 in Title Suit No. 97 of 1982 and they are directed against the common judgment made on Aug. 31, 1982 by Sri B. K. Panda, Subordinate Judge, 4th Court, Alipore, 24-Parganas, dismissing the Title Suit No. 96 of 1982 and decreeing the Title Suit No. 97 of 1982, directing the Defendants Nos. 1 to 4 of Title Suit No. 97 of 1982 to execute and convey the suit property mentioned in the plaint schedule in favour of the Respondents within 2 (two) months from the date of the judgment after receiving the balance consideration money, in default the Plaintiff in Title Suit No. 97 of 1982 may apply to the Court for execution and registration of the conveyance of the property through court.

(2.) The facts of the case, as appeared from the pleadings of the said suit are as follows:-

(3.) Prabhat Kumar Mitra, since deceased, the grandfather of minor Prabahan Mitra executed his last will in respect of No. 25, Mandevilla Garden, Calcutta 19, wherein the testator gave life interest in respect of the premises No. 25, Mandevilla Garden, Calcutta-19, to his wife Sm. Madhuri Mitra and after her death to his son Sri Ajoy Kumar Mitra and on his death to his wife i.e. Ajoy's wife, Sm. Krishna Mitra (Ira Mitra). It was also provided in the said Deed that these life estate holders will reside in the said premises and they will enjoy the rents from the annexes let out to the tenants in the suit premises. It was further provided therein that if there was any difficulty they may live elsewhere letting out the Mandevilla Garden house and out of the rental income they will create a maintenance fund to the tune of Rs. 10,000/- (Rupees Ten thousand) and the balance may be enjoyed by them. It was also provided in the said will that after the death of Sm. Krishna Mitra, wife of Sri Ajoy Mitra, the property will vest absolutely in the son of Ajoy and Krishna or sons of Ajoy by his wife married under the Hindu right before a "Shalgram Shilla". In case if there be no son the property will go to the University of Calcutta for a stipend.