RAKHAL CHANDRA BARDHAN Vs. PROSAD CHANDRA CHATTERJEE

JUDGEMENT

(1.) This appeal is preferred by the principal defendant Rakhal Chandra Prodhan, and it is directed against a decree declaring the right of the plaintiffs to the property in suit as reversioners to the estate of the late Rakhal Chandra Banerji and directing that they should recover possession with mesne profits.

(2.) The facts that need be stated are as follows. One Haridas Banerjee died, leaving a widow, three daughters, and one son, the Rakhal Chandra Banerjee just mentioned. Rakhal died in 1883, soon after his father, without issue, and his estate went to his widowed mother Thakomani. Thakomani died in 1909, and her three daughters were then the mothers of nine sons, and these nine grandsons inherited each l/9 of the estate. The original plaintiffs are the two sons of Kusum Kumari; they have bought the shares of five of their cousins, and thus become owners of 7/9th. The other 2/9 belonged to the defendants Nos. 2 to 4, and these defendants were transferred to the category of plaintiffs after the institution of the suit, so that the claim is for the entire interest in the property described in the schedule.

(3.) Rakhal Chandra Banerjee's estate consisted of a house and some paddy land at Italghatta, on the outskirts of Calcutta, and a house at Bhowanipur in the suburbs.