BAIJUN DOOBEY Vs. BRIJ BHOOKUN LALL AWUSTI

JUDGEMENT

(1.) THIS is a suit brought by Brij Bhookun Ball against Baijun Doobey, to declare his right to the inheritance of lot Mowravnn, and to obtain possession of that estate. The Plaintiff claims the estate by right of inheritance from Chintamun as reversionary heir after the death of Doorga Kouwar, the widow of Chintamun. The Defendant claims by purchase under an execution of a decree against Doorga, the widow, and the question is, whether, under that decree, only the widow's interest or the absolute estate was sold. If only the widow's interest, then upon the death of the widow the Plaintiff succeeded to the estate as reversionary heir of Chintamun, and is entitled to recover; if, on the other hand, the whole interest passed under the sale, then the Plaintiff as reversionary heir upon the death of the widow took no interest, but the estate passed to the Defendant Baijun by reason of his purchase under the decree.

(2.) NOW it appears that Sheo Churn and Muddun Mohun, two brothers, the sons of Deo Kishen, separated in estate. Muddun Mohun took one share of the estate and Sheo Churn the other. Muddun Mohun therefore obtained a separate estate. The lands are situate in the district of Gya, and are subject to the rules of the Mitakshara law. Muddun Mohun having got this separate estate died, leaving two sons, Balgobind and Chintamun; Balgobind died childless and the whole estate came to Chintamun. Chintamun consequently acquired the estate by inheritance, and it was ancestral estate derived from the father, Muddim Mohun. Chintamun died child-loss, leaving two widows, Doorga Kouwar and Radha Komvar. Muddun Mohan, the father, left a widow, who was the mother of Chintamun. The mother, Net Kouwar, the widow of Muddun Mohun, was entitled to be maintained out of the estate held by Chintamun. The maintenance of Net Kouwar, the widow of Muddun Mohun, was a charge upon the inheritance which came from Muddun Mohun. The liability to maintain the mother passed to Chintamun when he got the estate of his father, and when the estate passed from Chintamun to his widow the liability to maintain Net Kouwar still attached to the inheritance, and Doorga was bound to maintain her out of the inheritance. It appears that she allowed the maintenance of the mother, which had been fixed by the two brothers at Rs. 200 a year, to fall into arrear for about five years, making Rs. 1000 for the five years. In consequence Net Kouwar brought a suit against her personally for the amount due for maintenance with interest.

(3.) NOW the decree being a personal decree against the widow, according to the case in the High Court cited from the 6th Weekly Reporter Page 304, all that would be sold under it was the interest of the widow. It was there held that where only the rights and interests of a Hindu widow in the property left by her husband wore sold in execution of a decree against her on account of a debt contracted by her, and neither the decree nor the sale proceedings declared the property itself liable for the debt, the purchaser obtained an interest in the estate only during the widow's lifetime. This was a personal debt of the widow, and there is nothing to shew that the estate of Muddun Mohun was charged by the decree. The sale against her in discharge of her personal liability was of the interest which belonged to her, and not of the estate which belonged to her husband. It was the widow's property only that was liable to be sold, or was sold, in discharge of her personal debt.