SATKARHI BHATTACHARYA Vs. HAZARILAL KHANNA

JUDGEMENT

(1.) This is a suit for the construction of the will of Kananbala Debi, who was sister of the plaintiff, and who died on 5 November 1918, for a declaration that the plaintiff is entitled to the whole of the estate of his deceased sister subject to the pecuniary legacies mentioned in the said will, for recovery of possession of premises No. 12, Maniktola Lane, Calcutta, and 157-A (157), Masjidbarhi Street, Calcutta, and for an account of the said estate on the basis of wilful neglect and default.

(2.) On the question of the construction of the will, the real contention on behalf of the plaintiff is that Clause 5 of the will is void and inoperative, as there is no valid bequest for charitable purposes. The defendants contend, on the other hand, that, on the construction of the will, it should be held that there is a valid gift to charity.

(3.) The suit came on for hearing before my learned brother Buckland, J., on 6 May 1930, but my learned brother adjourned the hearing of the matter sine die, with liberty to the parties to have the matter heard before a Judge acquainted with the Bengali language. The matter has come before me. The reasons of Buckland, J., for adjourning the case have been placed before me, counsel on both sides not objecting to their being read.