JAYASRI GUHA NEE GHOSH Vs. SHUKLA GHOSH

JUDGEMENT

(1.) INTO the sixth decade of the statute andal era, the plaintiff seeks to ascribe a meaning to Section 15 (2) of the Hindu Succession act, 1956 ? one that the plaintiff says has not been considered in any reported judgment ? that it carves out an tion to the Hindu woman's absolute right to property recognised by Section 14 of the Act.

(2.) THREE applications are being disposed of by this judgment. GA No. 1425 of 2006 is the plaintiff's principal interlocutory application in the suit. GA No. 3701 of 2006 is the plaintiff's subsequent application of similar import. GA No. 396 of 2008 is the first defendant's application for vacating an order of May 17, 2006 passed in GA No. 1425 of 2006 insofar as it relates to one of the three immovable properties which are the subject matter of the suit.

(3.) THE plaintiff is the daughter of the brother of the first defendant's father-inlaw and claims to be the only relevant heir of the first defendant's father-in-law. The plaintiff traces the family tree from her paternal grandfather Ishan Chandra ghosh. Ishan had two sons Anukul and Pratul. Anukul had two sons Hem chandra and Narayan. Hem Chandra's son Asoke predeceased him in 1960 and first defendant Shukla is the childless widow of Asoke. Hem Chandra's wife also predeceased him. Plaintiff Jayasri claims to be the only heir of Hem Chandra's brother Narayan. Ishan's younger son Pratul had only one son, Jagadish, and second defendant Indrajit is his only son. According to the plaintiff all the relevant male members of the Ghosh family have died intestate except Indrajit who is alive. It is averred in the amended plaint that Ishan owned an immovable property now numbered as 32/1, 32a, 32b and 32c, Lenin Sarani, Calcutta (the dharamtala property ). The plaintiff says that the parties are jointly interested in the Dharamtala property and in two other immovable properties at 161/2/1, rashbehari Avenue, Calcutta (the Rashbehari property) and Ishan Kutir at purandaha, Baidyanath, Deogarh in the State of Jharkhand (the Deogarh property ).