TINCOWRI PRAMANIK Vs. NARAYAN CHANDRA MUKHERJEE

JUDGEMENT

(1.) Nagendra Nath Banerjee died in 1939 leaving a will, dated 1-2-1931. He died without any issue and appointed his widow Umasasi as executrix. On 31-8-1944, Umasasi conveyed the property in suit to defendant No. 2 Tincowri Pramanik for a consideration of Rs. 24000/- purporting to pay herself the alleged dues of over Rs. 14000/ from her husband and for other debts incurred by her. The plaintiff Narayan Chandra claimed that Umasasi had got only a widow's estate under the will and she had no right or authority to dispose Of the property and that even if the same had been effected in her capacity as executrix, it was a collusive one and without any consideration. The plaintiff claimed to have a reversionary interest under the will. He accordingly prayed for a declaration that the will (alienation?) was invalid and did not bind the plaintiff or the estate of the testator,

(2.) The principal defence was by the transferee Tincowri, defendant No. 2. It was contended 'inter alia' by him that the testator had left liabilities and the executrix had conveyed the property in due course of administration and that she had not assented to the legacies in respect of the property in suit. The allegations made in the plaint either about collusion or absence of legal necessity or want of consideration were denied. Defendant No. 1 Umasasi filed a written statement, supporting her action and the title which she had created in favour of defendant No. 1.

(3.) The learned Subordinaee Judge decreed the plaintiff's suit holding 'inter alia' that the sale by the executrix would enure for her life time only and was not binding either upon the plaintiff or upon the estate of the testator. Defendant No. 2 has appealed to this Court.