SANKAR PRASAD KHAN Vs. USHABALA DASI

JUDGEMENT

(1.) One Ushabala (plaintiff) filed the present suit on the allegation that the disputed properties belonged to her husband, Gostha Behari Khan. The latter died leaving her as widow and a son. Sashanka Sekhar. Her son also died leaving his minor widow, Kalibala pro forma defendant No. 2, Defendant No. 1, Gobinda Charan Khan, who is Gostha Behari's elder brother, was appointed guardian of Kalibala's person and property by the District Judge, Midnapore, and so the property in question was under his management, On the 29th of Ashar 1361 B.S. Kalibala was married to one Bhutnath Chowdhury, pro forma defendant No. 3. By such remarriage she was divested of her interest in the disputed property and the same devolved on the plaintiff as the next reversioner of her son Sashanka Sekhar. Hence, Gobinda Chandra's guardianship also came to an end with Kalibala's remarriage. He is in wrongful possession of the disputed property. The suit was filed for declaration of title and recovery of possession and mesne profits and also for injunction. Subsequently by amending the plaint the prayer for partition was added.

(2.) Defendant No. 1 filed a written statement denying the plaintiffs allegations. He alleged that he still continued to be Kalibala's guardian. The alleged remarriage was invalid because no consent of the Court guardian was obtained.

(3.) The learned Munsif accepted the plaintiff's version in p Article He stated that since defendant No. 1 was appointed guardian by the Court, his possession was not wrongful. So he allowed the plaintiffs other prayers but refused the claim for mesne profits.