PARBATI DASI Vs. RAJA BAIKUNTHA NATH DE

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Bengal, dated the 27th of July 1906, which affirmed a decree of the Subordinate Judge of Cuttack, in the Province of Orissa, dismissing the plaintiff s suit.

(2.) The parties are Hindus governed by the Dayabhaga law, and are descended from one Raghunath De. Raghunath had three sons, Rup Charan, Sonatan and Shyamanand, who admittedly formed a joint Hindu family. The plaintiff is the daughter of Rup Charan, and she brought this suit in the Court of the Subordinate Judge for a declaration that certain properties included in Schedule (ka) attached to the plaint were the self-acquired properties of her father which devolved upon her after the death of her mother, Annapurna, and for the usual consequential relief in respect thereof. She also alleged that Rup Charan survived his father, and that she is entitled to the one-third share in Raghunath s estate which vested in Rup Charan on Raghunath s death.

(3.) The defendants, on the other hand, alleged that Rup Charan predeceased his father and that the (ka) properties were acquired by Raghunath in the name of Rup Charan, and were not the self-acquired properties of Rup Charan.