CHOUDHURY SURESSUR MISSER Vs. MUSAMMAT MOHESH RANI MESRAIN

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the judgment of the learned Additional Subordinate Judge of Darbhanga dismissing their suit.

(2.) The plaintiffs are the sons of one Kesab Misser deceased. Kesab was step-brother of Madhab, the father of the defendants third party. The defendant No. 1 is the widow of and the defendants Nos. 2 to 5 the daughters of Nunoo Pershad Misser who died on the 18th of Baisakh 1313. Nunoo also left him surviving a son Nageswar Pershad. He died childless on the 24th Bhadro 1313.

(3.) The plaint in this suit alleges that on the death of Nunoo, his son Nageswar succeeded to his properties and that on the death of Nageswar his mother, the defendant No. 1, took the properties. Further, that the defendant No. 1 wishing to benefit her daughters, the defendants Nos. 2 to 5, caused a false Will of Nunoo to be filed before the District Judge of Darbhanga by her daughters and that in that case, Madhab Misser at the instigation of the defendants Nos. 8 and 9 (who are alleged to be servants of the defendant No. 1) filed a fictitious objection which was rejected by the Judge. That the servants of the defendant No. 1 knew full well (the word is given in the translation of the plaint as "probably" but this must be a mistranslation) that the Will was invalid; so with a view to establish a permanent title in future got a Suit No. 277 of 1907 instituted by Madhab for declaring the said Will (of which Letters of Administration with the Will annexed had been already granted) declared invalid. That with a view to deprive the plaintiffs of their rights, the parties to that suit entered into a fraudulent and collusive solenama under which the immoveable properties described in the Schedule (i) to the plaint and forming a portion of the estate of Nageswar Pershad Misser, were given to Madhab, the properties described in the Schedule (ii) to the defendants second party, and the properties described in the Schedule (iii) to the defendants fourth party.