MANIKLAL CHOWDHURY AND OTHERS Vs. MARKANDEYA CHOWDHURY

JUDGEMENT

(1.) Being satisfied with the grounds delay is condoned.

(2.) This application for review has been filed by the applicants against the judgment and order of this Bench passed on 27.2.2008 dismissing the appeal filed by the applicants against the judgment and decree of the learned Single Judge. It is contended by the applicants that their Counsel was unable to apprise this Court with the latest proposition of law on the subject. Learned Counsel failed to rely upon the Apex Court decision in the case of Bhagat Ram (dead) by LRs Vs. Teja Singh (dead) by LRs, (2002)1 SCC 210 : 2002 (46) ALR 672 (SC) .

(3.) One Ramdhar Chowdhury governed by Mitkshara School had two sons Ganpat and Sridhar. Sridhar had one son viz. Gopilal. Gopilal had one son viz., Bhanulal. The applicants Maniklal, Motilal and Hiralal were claiming to be the sons of Bhanulal. However, Hiralal is dead. His heirs are on record. Ganpat had three sons and one daughter viz., Kashi Nath, Naresh, Ganesh and Sukhia. Kashi Nath and Naresh died childless leaving their respective wives Basanti and Bachhi. Ganesh died as bachelor. Hence the branch of Ganpat at one point of time had only Basanti, Bachhi and Sukhia as surviving heiress. Sukhia lost her husband at an early age and spent rest of her life in her paternal home. In 1947 she purchased the suit property. As per the conveyance Sukhia paid the consideration out of her "Stridhan". She also purchased a truck from her own resource. Sukhia died on 4.6.1957 leaving her surviving Basanti and Bachhi. In 1957 Bhanulal filed a suit against Basanti and Bachhi for a declaration that he was the owner of the premises in question being sole heir of Sukhia. The suit was settled between the parties accepting Bhanulal as the only legal heir of Sukhia. Subsequently Basanti and Bachhi filed a suit in 1959 for setting aside the consent decree passed in 1957 suit as according to them they were coerced to sign the terms of settlement. The suit was decreed in favour of Basanti and Bachhi by setting aside the earlier consent decree. The decree in 1959 suit became final as none including Bhanulal challenged the same in any higher forum.