LAWS(PVC)-1916-4-2

KALI DASSEE DASSEE Vs. NOBOKUMARI DASSEE

Decided On April 06, 1916
KALI DASSEE DASSEE Appellant
V/S
NOBOKUMARI DASSEE Respondents

JUDGEMENT

(1.) This is an appeal by the plaintiffs, who are the executrix and executors of the estate of one Bhuban Chunder Bhur deceased, and the claim is in respect of an agreement for sale dated the 23rd of January 1910, which was made between the first and the second defendants and Bhuban. CImnder Bhur, which related to the shares of those defendants in certain premises known as Nos. 10, 12 and 13 Darmabatta street. The defendants, other than the first and the second, who may be called the Nandi defendants, were the purchasers of the shares of the first and the second defendants in the premises, under circumstances to which I will refer later in more detail.

(2.) The claim is for specific performance, and, in the alternative, damages.

(3.) The first defendant is the widow of Hari Charan Sett, and the second defendant is the widow of Sattya Charan Sett. These two men were the owners in equal shares of premises No. 10, and between them they owned a share in Nos. 12 and 13, which is said to have been about 5/6ths. In I 904 Hari Charan Sett died intestate, and the first defendant, his widow, is his heiress. In 1908 Sattya Charan Sett died, leaving behind him his widow, the second defendant, and his son Punchanon Sett who shortly afterwards died while an infant, and, therefore, the mother, the second defendant, succeeded to the estate of her late husband.