RAJENDRA NATH (KUMAR) DAS Vs. PEYARI MOHAN DAS

JUDGEMENT

(1.) This appeal arises out of a suit for recovery of khas possession of a certain land on the ground that the plaintiff is the reversioner of one Rup Chand Das who died many years ago. Rup Chand left a widow Haramani and a daughter. The daughter was married to one Mahima Chandra who lived in the house as ghar jawai. Mahima had a daughter born and brought up in the house of Haramani. She was married to Defendant No. 1. It is said that the land in possession of Defendant No. 1 was granted under a permanent lease to him by Haramani. The finding is that Defendant No. 1 was given a lease of these properties in consideration of his looking after Haramani who had no male relation to look after her or her property. For that consideration Defendant No. 1 married her granddaughter and lived in the house as ghar jawai. The learned Judge held that that was good legal necessity. I see no reason to differ from him.

(2.) On that ground the appeal with regard to the properties in the possession of Defendant No. 1 must be dismissed with costs.

(3.) The plaintiff got a decree as against Defendant No. 3 in both the Courts below which was not challenged. Cuming, J.