AUMIRTOLALL BOSE Vs. RAJONEEKANT MITTER

JUDGEMENT

(1.) THE Respondents were Plaintiffs and the Appellants Defendants in the Court below. The Plaintiff, Rajoneekant Mitter, as the only son of a daughter of Bam Nursing Bose, deceased, sued to recover a 4-annas share of certain ancestral estates, and of certain other properties purchased with the income of the said estates. The Plaintiff, Womeschunder Boy, claimed as a purchaser of a portion of the said share from the Plaintiff, Rajoneekant. His title depends upon that of Rajoneekant.

(2.) THE ancestral estates originally descended to Bam Nursing and his three brothers from their father, Gokool Ghunder Bose, and were held by them as an undivided Hindu family. Ram Nursing Bose died in November, 1824, without a son, leaving a widow, Soorjomoneye, and three daughters, Bindubasseenee, Sarodamoye, and: Nittokally. Soorjomoneye, the widow, died in March, 1835, and upon her death the heirs of Bam Nursing were Sarodamoye and Nittokally, two of the daughters, who were then married and likely to have sons. It may be taken against the Plaintiff, upon his own statement, that Bindubasseenee could not take any interest in her father's estate, as she was a childless widow at the time of her mother's death. In his plaint he says: My elder aunt, Bindubasseenee, having become a childless widow, my grandmother supported her and the other two daughters, who were both under age, and effected the marriages of the two unmarried daughters in due and proper time. On the 30th Bysack, 1242, my maternal grandmother breathed her last, leaving behind her my mother and my two maternal younger aunts "(meaning his mother and his maternal younger aunt, Nittokally), "who were under age, and my maternal aunt, Bindubasseenee, under the maintenance and control of my maternal great-uncles."

(3.) THE principal Defendants, in answer to the Plaintiffs claim, stated that Bam Nursing Bose, having no male issue, and having no probability of male issue, executed, in the year 1231, a hibbanamah, or deed of gift, to his three brothers, and breathed his last. They then proceed: The aforesaid three donees, by virtue of the said deed of gift, applied to the Courts to be made representatives in the cases that were then pending in the Court in the name of the said Bam Nursing Bose. An istaharnamah (proclamation) was duly issued from the Adawlut for the appearance of an heir within the period of six weeks. As the maternal grandmother of the Mitter Plaintiff was acquainted with the truth and validity of the said deed of gift, no objections on that head were urged by her. The hibbanamah was produced in the Court by our predecessors, and testified to by them; and the Judge, considering the said deed to be genuine and proved, ordered, on the 22nd of November, 1825, the said Ramtunoo and Ramdoyal to be made representatives in the place of the aforesaid Bam Nursing Bose. The said representatives, agreeably to which, conducted the suits' in the Zillah and Suddur Courts, and having retained possession of all the properties specified in the hibbanamah, from the date of the said hibbanamah, managed the affairs, conducted several suits before the tribunal of different Courts, and even in appeal to the Privy Council.