CHANDRA MOHAN GANGULY Vs. JNANENDRA NATH BANERJEE

JUDGEMENT

(1.) This is an appeal by the plaintiff in a suit for recovery of possession of land upon establishment of title as Shebait. The Subordinate Judge gave the plaintiff a decree which has been reversed on appeal by the District Judge.

(2.) The subject-matter of the litigation admittedly belonged to one Gobinda Chandra Ganguly, who, shortly before his death, which took place on the 29 January 1897, made testamentary disposition on the 29 October, 1896. The names of the members of this family appear in the following genealogical table:

(3.) The testator had a garden in the northern suburb of Calcutta, which covered an area of more than 12 bighas. He had a map of the garden prepared, which was mentioned in his last will. He gave the portion marked D, to his eldest son Kahetra Mohan, B to his second son Bhuban Mohan, A to his third son Chandra Mohan and C to his youngest son Raj Krishna. The portion marked E was called Panchabati Debutter, and the passage marked F was described as appurtenant to the Debutter as a passage for ingress and egress from the public road. He appointed Raj Krishna as full Shebait of the Debutter in the following terms: (As regards) the Iswar Debutter Panchabati and brick-built house (containing) two bighas (of land situate) on the east side of the same (and) which has been marked (E) and coloured in neutral tint in the accompanying map, and the passage (measuring) two kathas (and) leading to the Sadar Road from the said Debutter house on the western side, which (passage) has been marked (E) and coloured light red, my youngest son Sriman Raj Krishna Gangopadhyay Babaji shall be full Shebait of the said Debutter (property) and shall enjoy (and) possess (it) down to (his) wife and son, son's son and so forth in succession. The said Shebait shall, if necessary, give unto my other three sons Sriman Kshetra Mohan Gangopadhyay, Sriman Bhuban Mohan Gangopadhyay (and) Sriman Chandra Mohan Gangopadhyay nine kathas of land, being three kathas to each, on the east side, for residential purposes.