RAJENDRA MOHUN MOULIK Vs. UPENDRA NATH GUHA THAKURTA

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff to recover arrears of an annuity on the basis of a certain "briti danpatra," i.e., a gift or grant of an allowance for maintenance.

(2.) Plaintiff was the husband of one Sarat Sundari, the granddaughter by a deceased son of one Gopi Mohun Moulik. Sarat Sundari died in 1316 (1909) leaving an infant son who died in the same year, Gopi Mohun died in Sraban 1323 (July 1916) and the present suit was instituted on the 9th November of that year.

(3.) The material portions of the danpatra or grant are in these terms: "You are the daughter of my eldest son. I have married you to a Kulin. Hence it is essentially necessary that I should make provision for the support and maintenance of yourself and of the children born of your womb (gorbhajat santan digen). According to my Will you are entitled to Rs. 300 a year from my estate if you live with your husband in my house, but the Will does not make provision in case you live in your husband s house or elsewhere. So by this deed I agree (or provide) that if you do not live in my house but live in your husband s house or elsewhere, you will get from my estate only Rs. 200 per year and that after your death your son born of your womb, and his sons and grandsons in due succession (or from generation to generation) will get the same,"