PURA SUNDARI DASI Vs. BIJRAJ NOPANI

JUDGEMENT

(1.) There is no dispute as to the facts in this ease: the question is, whether the conveyance under which the defendants claim, displaced the title the plaintiff would otherwise have possessed.

(2.) The plaintiff claims a moiety of the property in suit subject to a charge of Rs. 20 a month, and her title is made out as follows: Premchand Bysack died on the 23 of June 1886 leaving a will, whereby he left his house, No. 8 Sobharam By sack's street, to his daughter Sreemati Katyani Dasi absolutely subject to two charges of Its. 20 each. Probate, of this will was granted on the 12 of July 1887 to the executors Shambhunath Bysack, Hemendranath Bysack, and Ratan Lal Bysack. Sreemati Katyani Dasi died on the 8 of April 1891, leaving her surviving five sons, including Hemendra Nath Bysack, and three daughters, Maya Sundari Dasi, who was then married, and Kanak Manjari Dasi and the plaintiff, who were then unmarried and minors.

(3.) On the 6 of October 1888 Shambhu Nath Bysack, Hemendra Nath Bysack and Ratan Lal Bysack, as the executors of Premchand Bysack's will, mortgaged the property in suit to Dwarka Nath Dutt, but on the 12 of December 1900 a re-conveyance was executed in favour of Hemendra Nath, the sole surviving executor.