SOWDAMINEE DOSSEE Vs. ADMINISTRATOR-GENERAL OF BENGAL

JUDGEMENT

(1.) ON this appeal the only question raised for decision is whether Sreemutty Badam Coomaree Dosses, the widow of Nobo Coomar Mullick, a member of the Mullcik family of Calcutta, had power to dispose as she did by a deed executed by her on the 12th of July, 1886, about two months before she died, of certain Government of India promissory notes. These Government securities were purchased with a sum of Rs. 2,69,500, which she had received out of her husband's estate, and a further sum of Rs. 10,600, being interest which had accrued during her lifetime on that amount. Trevelyan, J., held that Badam Coomaree had absolute power to alienate and dispose of these securities, and his decision was confirmed by the Appellate Court.

(2.) THE Appellant's contention has been that the sum of Rs. 2,69,500, and the Government securities for that amount, were possessed by Badam Coomaree, not as her own property with a power of alienation, but as part of the estate of her husband Nobo Coomar Mullick in which she had the right or interest only of a Hindu widow.

(3.) SHAM Churn Mullick had one son only, and consequently the power of adoption conferred by the testator on his widow could not be exercised. Daring the eight years which elapsed after the testator's death, Sham Churn Mullick himself administered the estate, and received the income and retained it. On the expiry of that time Badam Coomaree not only required payment of the lakh of rupees to which she had right by the special direction in her husband's will, but also of the eight years' income which had not been specifically disposed of by the will, and which she maintained to be intestate succession falling to her as her husband's widow and heiress. Sham Churn Mullick contested this claim, and seems for a time to have maintained that the income of these years became his property under the general destination to him of the real and personal estate of the testator.