NANDA GOPAL SINHA ROY Vs. SRIMATI PARESHMONI DEBI

JUDGEMENT

(1.) The subject-matter of the litigation which has given rise to this appeal belonged admittedly at one stage to a person of the name of Kali Prosad Singha Roy. ON the 4th December 1864, he executed a deed of gift in respect of this property in favour of his daughter, Dhan Kumari Debi, on the occasion of her marriage. The sole question in controversy in this litigation is, whether the property has passed by inheritance to the defendants, the sons of the sister of the original owner, or to the plaintiff, the daughter of the donee. The Courts below have concurrently held, in favour of the plaintiff.

(2.) In the present appeal, it has been argued by the defendants that the gift in favour of the daughter was limited for her life, and that, in any event, if there was an absolute gift in her favour, it was defeasible upon her death without male issue.

(3.) In support of the first contention, reliance has been placed upon two circumstances, namely, first, that the grant was for maintenance; and secondly, that the gift was by a Hindu to his daughter. In support of the Second contention, reliance has been placed upon a clause in the deed of gift which has been rendered as follows: "You are vested with the right and possession from this day, and you do remain in possession of the land held by myself down to your sons, son s son and so on in succession on payment of the rent thereof. You shall not give up any land comprised within the boundaries in favour of any body. Your sons, son s sons, etc, heirs in succession and not your husband or his heirs or any member of a different family shall be competent to own and hold the said property." In our opinion, there is no substance in either of these contentions.