RABINDRA NATH DEB Vs. SUSHIL CHANDRA DEB

JUDGEMENT

(1.) In this suit the plaintiff claims a declaration that he is solely entitled to the premises No. 8/2, Kartick Bose Lane and the outer portion of the premises No. 9 Kartick Bose Lane now known as 9/A and 9/B Kartick Bose Lane, Calcutta for possession and for other reliefs. The facts of the case which are not disputed are as follows.

(2.) One Sm. Kamalmohi Dassi died on 4-6-1908. She was the owner amongst others of the premises in suit. Before her death she left a will probate of which was duly obtained from this Hon'ble Court. Sm. Kamalmoni Dassi left her surviving her husband's brother one Woomesh Chandra Deb and his wife Sm. Kumodini Dassi and their son Sarat Chandra Deb. Sarat Chandra Deb's first wife had died and thereafter he married again. By his first wife Sarat Chandra Deb had a son named Rabindra Nath Deb who is the plaintiff in this suit. The plaintiff was born on 19-10-1906 I e. during the life time of the said Sm. Kamalmoni Dassi. Sarat Chandra Deb had another son by his second wife named Sushil Chandra Deb who is the defendant in this suit. The said Sushil Chandra Deb was born in the year 1920 i.e. after the death of the said Sm. Kamalmoni Dassi.

(3.) By her said will the said Sm. Kamalmoni Dassi 'inter alia' provided as follows: