EKKARI GHOSH Vs. CHITTAREKHA GHOSHANI

JUDGEMENT

(1.) This is an appeal by the plaintiff and is directed against an appellate decree dismissing plaintiffs claim for declaration of title to certain properties and recovery of possession there of from the defendant.

(2.) The properties in suit originally belonged to one Iswar Ghosh, who died sometime in the year 1304 B. S. leaving a Will dated 22nd Bhadra, 1300 B. S. Iswar Ghosh had no son. He was survived by his widow Pratima Ghoshani, two daughters Manada and Magan-bala and a grandson, Kirti Chandra Ghosh, by his predeceased daughter Kulada.

(3.) Under the Will (Exhibit B), Iswar Ghosh bequeathed the entirety of his Bastu (residential house) and Gohalbari (cowshed) and mostly twelve annas share in his other properties to Kirti Chandra Ghosh. The remaining share in his other properties was bequeathed to his two daughters Manada and Maganbala jointly. So far as the widow Pratima Ghoshani was concerned, the Will provided that Kirti would have to maintain her till her death and the three legatees would have to contribute to her funeral expenses, according to their shares. During her life time Pratima Ghoshani was" invested with control over the properties, which were the subject matter of the testamentary disposition but she was not given any power of alienation.