INDUR CHUNDER SINGH Vs. RADHAKISHORE GHOSE

JUDGEMENT

(1.) IN this suit, which was brought in the Court of the Subordinate Judge of Murshidabad, the plaintiffs claimed arrears of rent in respect of lands originally held for a term of years under the plaintiffs or their predecessors in title by one Gopi Mohun Ghose.

(2.) BEFORE the expiration of the lease Gopi Mohun Ghose died (February 1869), leaving no issue. By his will (28th January 1869) he gave his wife, Nrityashama Dasi, power to adopt a son, who was to be entitled to all his property, with an exception not material to this case. The will contained the following clause: "As long as the son begotten of my loins or my adopted son remains a minor and has not attained majority, all the property shall be in the possession of my adorable mother and my wife, as their guardians." In 1870 the widow adopted. Radhakishore Ghose, the respondent in this appeal, who only attained his majority on the 9th June 1885.

(3.) ON the 7th September 1874 they took a fresh lease for five years from the Manager of the Court of Wards, then in charge of the plaintiffs' estates. The lessees therein described themselves respectively as "mother of the late Gopi Mohun Ghose" and "mother of the minor adopted son," and they bound themselves to pay the rents reserved, and to pay interest on any arrears.