BISWANATH DAS GHOSE Vs. SHORASHIBALA DAST

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment of Mr. Justus Greaves whereby the learned Judge dismissed the suit.

(2.) The plaintiff is an infant and sued by his mother and next friend. The suit was brought (i) for a declaration. That the lied entitled to an undivided half share of and in the house and premises Nos. 156, 156-1 and 156-2, Baitakhana Road (formerly No. 156, Old Baitakhana Bazar Road) in the town of Calcutta, subject to the life-interest thereon of the defendant Srimati Shorashibala Dasi; (ii) for a declaration that the indenture of conveyance, dated 25th day of March 1918, executed by the defendants, Srimati Shorashibala Dasi, Nogendra Nath Das Ghose and Srimati Golapmoni Dasi in favour of the defendant Niranjan Krishna Das, is void and inoperative in against the plaintiff; (iii) for a declaration that the defendant Niranjan Krishna Das is not absolutely entitled to the whole of the said premises Nos. 156, 153-1, 156- 2, Baitakhana Road (formerly No. 155, Old Baitakhana Bazar Road) in Calcutta.

(3.) The plaintiff further prayed for an in-junction to restrain the defendant Niranjan Krishna Das, from dealing with the said house and premises, pending the final determination of the suit: for a Receiver and in the alternative that the defendant Shorashibala might be ordered to pay to the plaintiff the sum of Rs. 12,000.