NRIPENDRA NATH BHOWMIK Vs. BASANTA KUMAR LAHIRI

JUDGEMENT

(1.) This appeal arises out of a suit for establishment of the right of the plaintiffs to and recovery of possession of two taluks and five jotes as reversionary heirs of two ladies, Bhabani and Padmamani. The defendants are the lessees under the widows, who are now dead.

(2.) It appears that the plaintiffs father Prasanna executed a mortgage in respect of the taluks and the jotes, in favour of one Raj Kumar, the defendants father, on the 12 November 1880, evidently treating the properties as belonging to him alone. Three ladies of the family (including the two named above) however got their names registered, each in respect of her 4 annas share as heirs by right of succession to the last five owners respectively in 1882. In 1883 Raj Kumar, the mortgagee, obtained a lease from the three ladies in respect of 12 annas share in the name of his grandson Basanta. In 1891 Raj Kumar brought a suit for foreclosure upon the mortgage, which resulted in a compromise. It was agreed that there would be a decree for foreclosure in respect of 6 annas against Prasanna, but that the mortgagee would grant a lease thereof to him, that Basanta would surrender the lease, which he had obtained from the three ladies and that Prasanna would be the lessee under Raj Kumar. A decree was made accordingly. The lease taken by Basanta from the ladies was surrendered by him notwithstanding objections raised by the ladies.

(3.) In 1903, a suit was instituted by the plaintiffs against the defendants (the two ladies being joined as parties defendants) for recovery of the leasehold interest, in respects of which the plaintiffs had been dispossessed by the defendants in 1895. There were certain other properties included in that suit, which were not the subject-matter of the compromise.