RADHAKANTA PAL Vs. MANOMOHINEE PAL

JUDGEMENT

(1.) In my opinion, this appeal must be allowed. I am somewhat sorry for the plaintiff; she does not appear to have been treated very well; but it is necessary that the elementary law with reference to the rights of joint tenants under Hindu law should be kept clear and properly applied.

(2.) The position shortly is this: The plaintiff is the widow of one son. The defendants are her late husband's brothers. The plaintiff's name is Manomohinee and her husband's name is Kalikanta. Kalikanta died in 1330, and as often happens, his widow left her husband's joint family house soon after his death, namely, in 1331, and went to live in her father's place. She brought the suit on 11 May 1927, and the case she made by her plaint was that her husband had a certain share in the family lands, that she was his sole heir and that the principal defendants, finding the plaintiff a helpless Woman, continued to treat her badly and so the plaintiff came to the house of her father in 1331 and had been residing there. The plaint goes on to say: Since then, taking advantage of their being on the properties, the principal defendants have been very unjustly appropriating to themselves almost all the fruits, crops and the like, nominally giving something to the plaintiff's father and brothers when they went to possess all the said properties on behalf of the plaintiff.

(3.) It says that if any competent male person could possess the properties by remaining on the same the plaintiff could get at least Rs. 160 as profits from the properties in 1332 and 1333. The plaint then goes on to use some language about misappropriation and so on and it says in the end: None of the defendants denies the title or possession of the plaintiff's husband or of the plaintiff; but taking advantage of the helpless and miserable condition of the plaintiff, they having merely appropriated the plaintiff's share of the produce along with their own share of the same, the plaintiff has instituted this suit in the present form for compensation only in respect of the produce.