JADU NATH GUHA ROY Vs. KASISWAR GUHA ROY

JUDGEMENT

(1.) The facts on which the controversy in this appeal rests are very simple and may be stated as follows:

(2.) Kalinath Guha, the father of defendants 1 to 4 and husband of defendant 5 Dinabandhu Guha, Kasiswar Guha, the plaintiff, Sulata Sundari Chaudhurani, widow of Biseswara Guha and Durga Mohan Guha, were the joint proprietors of certain properties. On 8 September 1912 the said persons partitioned their properties by a registered deed. In Clause 19 of the said deed it is provided that: A co-sharer shall not be able to purchase in his own name or in benami any ryoti or under-ryoti holding or any portion thereof situate within the allotment of another. If he does the person in whose allotment it is situate shall be entitled to take khas possession, and the purchaser or his benamidar shall not be entitled to raise any objection; i? he does it will be disregarded.

(3.) The said clause as also other clauses of the partition deed are expressly made binding not only on the executants of the deed but on their heirs and legal representatives.