SULIN MOHON BANERJEE Vs. RAJ KRISHNA GHOSH

JUDGEMENT

(1.) This is an appeal by the plaintiffs in a suit for recovery of possession of land on declaration of title. The land belonged originally to Tilak, the founder of a family of Ghataks, which consisted of three brothers, Khetra, Gopal and Gobinda, as shown in the following genealogical table:

(2.) Khetra left a daughter, Muktakeshi, whose sons are the first two plaintiffs. They claim as reversionary heirs to the estate of their maternal grandfather. Gopal left a sort, Jogendra, who left a widow, Surasi Bala, the third plaintiff in this litigation. Gobinda left a son, Sarat Chandra, who left a widow, Monmohini, the pro forma defendant in this suit. The property was taken by the three brothers in equal shares. Consequently, upon their death, Muktakeshi, Jogendra and Sarat held the property in equal shares by right of inheritance. On the 18th April 1904, Muktakeshi and Sarat granted a lease of the entire property to the first defendant, as if Jogendra had no interest therein and they themselves were entitled to it to his exclusion. Muktakeshi died on the 4th August 19C9. Jogendra had died en the 14th October 1908; prior to his death, he had made a testamentary disposition of his properties on the I8th August 1908. Under that Will, he left one-half of his one-third share to his cousin sister Muktakeshi and the other half to his cousin Sarat. The plaintiffs claimed to recover the property from the first defendant on the allegation that the permanent lease granted to him on the 18th April 1904 was without legal necessity and ceased to be operative upon the death of Muktakeshi. The defendant pleaded that the lease was binding upon the reversionary heirs, and farther that be was entitled to remain in occupation, as he hide, on the 25th April 1904, purchased from one Bepin Behary Roy the interest of a tenant of the land.

(3.) Tue Court of first inatance dismissed the suit. Upon appeal, that decision has been affirmed by the District Judge.