SHYAMAL KANTI GUHA Vs. MEENA BOSE

JUDGEMENT

(1.) This appeal is against a preliminary decree passed by the learned Trial Judge who declared the 50% share of the suit property in favour of the respondent Meena and remaining 50% has been declared in favour of her brother Shyamal. Shyamal was not happy with the declaration of the shares in the preliminary decree; so the present appeal has been preferred. During the pendency of the appeal, Shyamal died. His heirs and legal representatives have been brought on record. This subsequent event is relevant for disposal of the appeal.

(2.) Meena filed a suit for declaration of 50% ownership of the property in question. The elder brother of the parties by his last Will and testament, which was probated, had bequeathed the property in question in the manner as follows:

(3.) On the strength of the aforesaid clause, it was contended before the learned Trial Judge by respondent Meena that she was entitled to 50% share of the suit property. The contention of the original appellant was that if the Will was read as a whole and particularly Clause 6 of the same, it would appear that Meena had no absolute right, title or interest in the property in question and she had only life estate. As such, she had no right of partition on the strength of her life interest.