PRAFULLA KAMINI ROY Vs. BHABANI NATH ROY

JUDGEMENT

(1.) The appeal preferred by the plaintiff was dismissed for reasons which need not toe stated, and we are now concerned only with the defendants cross-objection.

(2.) The necessary facts are as follows: there were two brothers, Prasanna Nath Roy and Bhabani Nath Roy. Theformer died in 1871, leaving a widow named Shyamrangini, who is still alive. She succeeded to a Hindu widow's estate in respect of the property left by her husband.

(3.) On April. 26, 1915, she executed a deed of gift in favour of the defendant Taranath Roy by which she transferred to him one of the items of property described In Schedule "Ga" to the plaint. In July 1917 she executed a second document, in favour of her husband's brother, Bhabani, by which she relinquished all her rights to him as reversioner. On his side he paid her a considerable sum in cash and undertook to make a monthly payment for the rest of her natural life. On the strength of this document Bhabani as plaintiff wants to eject Taranath from the property comprised in the deed of gift.