KIRANBALA DEBI Vs. KALI CHARAN SINGHA

JUDGEMENT

(1.) This is an appeal from an order of the learned Subordinate Judge of Berhampore directing that the life-interest of a Hindu widow in certain Government promissory notes should be sold in the first instance and if this is not sufficient, the promissory notes themselves should be sold.

(2.) The decree against the widow was for mesne profits of a property recovered by the decree-holder in litigation with her husband. Part of the mesne profits accrued due during the husband s life-time and part after his death.

(3.) The learned Judge divided the claim into three periods: 1. The period of the husband s life-time for a few months in 1312. 2. The period of the executors of the estate under a forged Will during the remainder of 1312 and up to Assin 1316. 3. The widow s period from Kartick 1316 to Chaitra 1317 when she gave up possession. Shyamacharan Singh, the husband, died on the 1st April 1906. Litigation was then still going on. Plaintiff s title to recover possession of 1/3rd had already been declared but there was an appeal pending.