KALINATH MUKHERJEE Vs. SANTILATA DEVI

JUDGEMENT

(1.) The plaintiff's case is that her husband, Jagannath Mukherjee, and his brother, Kalinath Mukherjee, defendant No. 2, were the shebaits of Kalighat Temple and they used to get their shares of the income as paladar. On the 14th Oct. 1954, her husband died leaving two widows, namely the plaintiff (Santilata) and Provabati Devi. The plaintiff had been living separately from her husband for long and maintenance wag granted to her. After her husband died, Provabati realised her husband's share of the pala from the temple committee, defendant No. 1. In 1966 Provabati died and the defendant No. 2 applied for letters of administration to her estate. That application was rejected. An appeal was preferred in the High Court and the same is pending. The plaintiff instituted the suit for a declaration that she was entitled to realise her husband's share of the income of pala, for accounts and an injunction against both the defendants.

(2.) The defendant No. 2 alone filed a written statement denying the plaintiff's allegations. It has been alleged inter alia that the suit is not maintainable and the plaintiff's remedy is only to sue for partition. The plaintiff is Jagannath Mukherjee's abandoned wife. So in the eye of law she was not entitled to inherit the properties left by her husband.

(3.) The learned Munsif granted a decree in her favour but the injunction was passed only against the temple committee, defendant No. 1. No injunction was passed against the defendant No. 2. The latter filed an appeal, which was also dismissed, Hence the present appeal.