SARDAR PRASAD DAS Vs. BINAYKRISHNA DATTA

JUDGEMENT

(1.) This is a suit for a declaration that a mortgage, dated 7 August 1919, executed by one Desbarathi Singha in favour of Benaykrishna Datta, the defendant, of premises No. 2, Shashibhushan Sur's Lane, to secure an advance of Rs. 4,500 is void and not binding upon the plaintiff and for other consequential reliefs.

(2.) The circumstances of this case are the following. A man of the name of Premchand Singha, who died on 21 November 1900, had two wives. His first wife, Nrityamayee, predeceased him, leaving a daughter of the name of Kusumkumari. Her name does not recur. By his second wife, Katyayanee, he had a daughter, Subashini and a posthumous son, Dasharathi, who was born on 1 June 1901.

(3.) On 30 August 1901, letters of administration to the estate of her deceased husband were granted by this Court to his widow, limited to the minority of her son.