SATYA CHARAN DAS Vs. HRISHIKESH KARAR

JUDGEMENT

(1.) This appeal is directed against an appellate decree, affirming the decree passed by a learned Munsif.

(2.) The appeal arises out of a suit for partition. According to the plaintiff, the property in suit, at one time, belonged to one Radhikalal Das. Radhika died. it was alleged, leaving a Will, executed on May 15, 1893. Under the terms of the Will Radhika's two widows, Nityakali and Chamatkarini, together were to nave life interest in the property in dispute. After their demise, Benimadhab, the sister's husband of Radhika, or failing him Nistarini, the sister of Radhika. were to have the disputed property and failing them the disputed property was bequeathed to Fakir and Sarat daughter's sons of Benimadhab and Nistarini.

(3.) Nityakali, Benimadhab and Nistarini predeceased Radhika's widow Chamatkarini. who died as late as in the year 1350 B. S. (1943-44). On the death of Chamatkarini, therefore. Fakir and Sarat got the disputed property. Fakir died in year 1356 B. S. (1949-50) leaving the plaintiffs as his heirs. Sarat was succeeded by his son, Provas (pro forma defendant No. 7), who sold away his interest to Satyacharan, defendant No. 1, by a conveyance (Ext. 4), dated June 21, 1944.