PANCHUBALA DEBI Vs. JOTINDRA NATH GOSWAMI

JUDGEMENT

(1.) This is an appeal against a judgment and decree of my learned brother, Mr. Justice Chakravarti and raises an interesting point of law. The facts of the case are briefly these: The plaintiff granted to one Abinash Chandra Banerjee a permanent lease of a certain property. At the time of the execution of the document an ekrarnama was executed which provided that the grantee's daughter and daughter's sons should not be entitled to succeed as heirs.

(2.) The grantee died sometime, ago and was succeeded by his widow. She died in 1919 and the grantee's daughter then remained on in possession.

(3.) The grantor now seeks to eject her on the ground that under the terms of the patta and ekrarnama she is not entitled to inherit the property.