IDUT KOER Vs. HANSBUTTI KOERAIN

JUDGEMENT

(1.) THIS is a litigation concerning the succession to the estate of one Budnath Koer, a Hindu who died towards the end of the year 1857. He left two widows, Hansbutti and Chunderbutti, who are still living, and one child, the daughter of Chunderbutti, who was named Dyji Ojhain, and who has since died, leaving only a daughter. On the death of Dyji the collateral male relatives of Budnath became his presumptive heirs, subject to the interest of the widows. They are the plaintiff's and the appellants. The defendants and respondents are the two widows, and Bachni the daughter of Dyji.

(2.) ON the 21st December 1873 the widows executed a deed, whereby, after stating that with the exception of Dyji, there was no heir of their husband or of themselves, they made a gift to her of certain lands and villages, only retaining to themselves a life interest in part of them. Some of the property is described as mouzahs exclusively acquired by the widows out of their own fund, and the rest is described as having been left by their husband Budnath.

(3.) BY their written statements, and by the mouth of their pleader, the three defendants set up in substance the same defence. They say first, that the plaintiffs having only a contingent interest cannot maintain the suit; secondly, that if a widow releases her interest to her husband's heir presumptive, which Dyji was, the absolute interests becomes at once vested in such heir, and therefore the inheritance devolved on Bachni; thirdly, that at least the properties which were purchased by their own money either received from their parents or given to them by Budnath during his lifetime formed no part of Budnath's estate.