BROJO GOPAL NAIK Vs. LAKSHMONI DASSI

JUDGEMENT

(1.) This is an application for transfer to this Court of a suit pending in the Court of the Subordinate Judge at Hooghly. The application is on the part of defendant 4 in that suit, one Rash Behary Mondal, and is supported by all the appearing defendants, but opposed by the plaintiff.

(2.) Ramdhone Khan and Rameswar Khan were two brothers possessed of considerable joint properties moveable and immovable; the pedigree which is exhibited shows their descendants and their relationship. It appears that there was certain litigation in this Court concerning the joint estate. In 1914 Ramdhone's widow Lakshimoni filed a suit for partition in this Court, as a result of which certain properties were allotted to her, the rest remaining joint. In 1919 a suit was instituted against Lakshimoni, also in this Court, for a declaration that certain transfers by her of Government securities were invalid, and for other reliefs. That suit never came to a hearing.

(3.) In June 1920, a suit (1172 of 1920) was filed in this Court by Narottam Mondal (defendant 5 in this suit) against Lakshimoni Dassi, Haridasi and other members of the family to set aside a certain deed of relinquishment executed by Haridasi Dassi. Ultimately that suit was settled upon certain terms, which were gone into at some length before Mr. Justice Page, to satisfy the Court that they were for the benefit of the infant parties, after which a decree was passed in accordance with them. The terms embodied inter alia a relinquishment by Lakshimoni Dassi of her rights as a Hindu grandmother in the estate of Shamadas Khan, deceased. The decree was passed on the 26 February 1923, and the deed of relinquishment was executed by Lakshimoni on the following day, the 27th. The present suit is brought by an infant member of the family, born on the 21 June 1926, to set aside those terms of settlement, the decree based upon them, and the deed of relinquishment by Lakshimoni. The grounds set out in para. 17 of the plaint are her infirmity, want of mental capacity, the absence of independent legal advice and undue influence on the part of Haridas Mondal. Lakshimoni has filed an affidavit on the present application to the effect that she knew quite well what she was doing.