MADAN MOHAN DHUR Vs. NETAI GOUR JEW

JUDGEMENT

(1.) The following genealogical tree shows the relationship of the parties in this case:

(2.) Lukhynarain Dhur, the testator, died on 26 March 1927, leaving three sons of whom the eldest, Kartick, survived him only by a few months, dying on 24 May 1927, leaving Netai Chand, an infant, as his heir. The plaintiff Madan Mohan Dhur, is the son of the testator's second son, Gonesh (defendant 7). The testator's third son, Ram Chunder, died in October 1928 after the institution of the present suit on 21 August 1928. Ram Chunder left four sons of whom the eldest, Lal Behari, is a major, the other three being minors.

(3.) The testator's will, which was made on 18 November 1923, was the subject of certain probate proceedings in this Court instituted by Ram Chander as the surviving executor. His brother Gonesh had filed a caveat. The probate proceeding was settled, Gonesh consenting to an order that the caveat be discharged and that probate of the will should issue. In consideration that Ram Chunder agreed to pay Gonesh's costs. Gonesh undertook inter alia not to bring any further suit regarding the will. This was on 13 March 1928, and on 24th August following the present suit was begun by Gonesh's son Madan. It appears that immediately after the testator's death Gonesh transferred his interest in his father's estate to one Manick Lal Dutt and on 18 August 1928, that is immediately before the present suit, Manick Lal Dutt conveyed the interest of Gonesh to the plaintiff Madan.