GANESH DUTT THAKOOR Vs. JEWACH THAKOORAIN

JUDGEMENT

(1.) This suit was, brought by the respondent, Jewach Thakoorain, the widow of one Balmukund Thakoor, to determine her rights under a partition of family property which she alleged had taken place in her husband's lifetime, and for such relief as she might be found entitled to under the circumstances of the ease. The defendants were the three surviving brothers of her husband,--Ganesh Dutt Thakoor, Raja Takoor, and Chhedi Thakoor; Niterbati Thakoorain, the wife of Chhedi Thakoor, in whose name one of the: properties alleged to belongs to the family had been purchased, and Harakhbati Thakoorain, the mother of the four brothers, would be entitled to a share on the partition, if proved. All the parties are Brahmins of Tirhoot, and the law which governs the case is the Mitakshara law, as modified in its application in Bengal.

(2.) Chowdhry Raja Thakoor died on the 7 October 1902, and by an Order of His Majesty in Council dated the 28 day of March 1903, Chowdhry Manindra Narayan Thakoor was substituted in his place.

(3.) It is common ground that the four brothers, at any rate up to the Fusil year 1290, formed, an undivided Hindu family. They were zemindars, owning considerable interests in land, and, in addition carried on a mahajani or money-lending business of a profitable character.