MUSSAMMAT SASIMAN CHOWDHURAIN Vs. SHIB NARAYAN CHOWDHURY

JUDGEMENT

(1.) The suit in which this appeal has arisen was brought on the 12 August, 1912, in the Court of the Subordinate Judge of Darbhanga in Behar by the plaintiffs, who are the presumptive reversioners of Bachcha Chowdhury deceased, who in his lifetime was a landholder in and a resident of Mouzah Subhankarpur in Tirhoot. Bachcha Chowdhury died in 1865. The principal defendant is Musammat Sasiman Chowdhurain, who is the surviving widow of Bachcha Chowdhury. His other widow was Musammat Subast Chowdhurain; she died before suit. Bachcha Chowdhury died possessed of considerable moveable and immoveable properties, which, on his death, came into the possession of his widows. Part of Bachcha Chowdhury's immoveable property was ancestral, and the remainder of it had been purchased by him.

(2.) Musammat Subast, shortly before she died, executed, on the 12 February, 1887, an instrument by which she bequeathed her half-share in the property to Musammat Sasiman.

(3.) The suit relates to the nature of the title of Musammat Sasiman to the immoveable properties of which her husband, Bachcha Chowdhury, had died possessed, and to the nature of her title to other immoveable properties which she and Musammat Subast, or one of them, acquired by purchase, it being alleged by the reversioners that those immoveable properties which were acquired by the Musammats were purchased by them with moneys saved from the usufruct of the immoveable properties of which Bachcha Chowdhury had died possessed. The object of the suit is to obtain a declaration that Musammat Sasiman neither had nor has any power to alienate any of the immoveable properties. Her right, if any, to alienate, except for necessity, depends upon the nature of her title. Musammat Sasiman and some of the other defendants are appellants here. The plaintiffs and others of the defendants are the respondents.