BIMAL CHANDRA PATRA Vs. MAHADEB ADAK

JUDGEMENT

(1.) A simple but interesting question of succession under the Daya-Bhaga School of Hindu Law arises for decision in this appeal.

(2.) The relevant facts He within a short compass. They have either been admitted or proved and they stand as follows :

(3.) The plaintiff claiming to be the father's sister's son of one Jagannath Bera brought this suit for declaration of his title to and recovery of possession of the disputed property, comprising some lands in khatians Nos. 93 and 94 of Mouza Ghatugram in the Diamond Harbour sub-division of district 24-Parganas. These lands formed part of certain joint properties, belonging to five brothers Rakhal, Dharmadas, Gurudas, Nandalal and Maniklal Bera. Dharmadas had, accordingly, l/5th share in these lands along with a similar share in the ether lands, comprised in the said joint pro- perties. Dharmadas died, leaving a wife Khudubala, who was his second wife, and a son Pancha, non and a daughter Murari Dassi by his first wife who had predeceased him. Panchanon died, leaving his widow Lakshmi and son Jagannath. Panchanon also left two minor daughters, Urmila arid Jhumurbala. Lakshmi and Jagannath are dead. Plaintiff is the son of Murari Dassi who was as stated above, the sister of Panchanon. The plaintiff, accordingly, claims to be entitled to the disputed property (which had come to Jagannath by succession from Dharmadas through Panchanon) as Jagannath's father's sister's son. Defendant No. 1 claims title to the said property under and by virtue of an alleged Kobala purchase from Khudubala, Urmila and Jhumurbala who are respectively defendants Nos. 2, 3 and 4.