GOPAL DASS AGRAWALLAH Vs. BUDREE DASS SUREKA

JUDGEMENT

(1.) The plaintiff originally sued in his personal capacity. An application was made by the plaintiff at the beginning of the hearing to amend the cause title as administrator of the estate of one Radha Bibee referred to in the pleadings. That application was opposed, but I granted it on grounds, which I stated in a separate judgment, which therefore I need not repeat.

(2.) The suit is brought to declare the plaintiff's title to the premises No. 7 Banstolla street, which were formerly in the possession of the defendant Budree Dass Sureka, and are now vested in the Official Assignee, is the Assignee of Budree Dass Sureka's estate.

(3.) The way that the plaintiff seeks to make a title to these premises is this : He says that Radha Bibee, to whom I have referred, was the widow of Mukunda Prasad Agarwallah and adoptive mother of the plaintiff's father Purusottam Dass. Radha Bibee, on the 12 June 1876, is said to have purchased the premises in suit from one Chatay Lall. On the 12 March 1885, Radha Bibee is alleged to have executed a will containing among others the following provisions: As long as I am alive and in existence, I shall remain owner of the whole and part of my properties moveable and immoveable as heretofore. On my demise, Gopal Dass, son of Purusottam Dass (or he and any full brother of Gopal Dass that shall be born, in equal shares, shall become the owner (or owners of the estate left by me, and, until the said Gopal Dass attains majority, Purusottam Dass and Mussamut Binda Bibee, wife of Purusottam Dass, shall remain trustees, that is, guardians (and) next friends.