SANTOSH KUMAR MULLICK Vs. GANESH CHANDRA

JUDGEMENT

(1.) This appeal arises out of a suit, instituted by a reveraioner during fine life time of a Hindu widow for a. declaration that the alienation made by her is not binding on him. The suit has been decreed by the trial Court. The alience has preferred this appeal. The undisputed facts in this case are very few. There is a lamentable lack of restraint on the part of the parties and their witnesses. Each party has immensely exaggerated its own allegations and has either totally denied or tried its utmost to minimize the effect of the facts alleged on behalf of the other.

(2.) Ramlal and Kedar were two brothers, and one Basanta, who is alive, was their sistar. Ramlal and Kedar had separated during their life time and their ancestral house had been partitioned between them. The relations as between them were rather indifferent. Kedar died leaving a son Ganesh who is the plaintiff in this suit. Ramlal was without employment for seyeral years and was ill for a few months at the end of his life and died about the 9 or the 10 of April 1920. Ramlal's son Nandlal used to work as a carpenter under the Port Commissioners. Nandlal fell ill in November or December 1919, and was confined to bed by the end of the latter month and was unable to work since then. He had to go to hospital towards the beginning of April 1920, where he died on the 10 of April 1920 a few days after his admission and a few hours after the death of his father Ramlal.

(3.) The immovable properties left by Nandlal consisted of two items: first, one-storeyed brick- built house standing on about a half of a plot of 6 cottas of land, the other half being vacant land and a demarcated share in a tank which adjoins the said land and which covers an area of about 6 1/2 cottas; and second, a plot of garden land about 1 1/2 bighas in area. The former property is situate at Bajey Sibpur and is the property which Ramlal got by partition with his brother Kedar and the latter is situate at a place, called Dharsa and was purchased by Nandlal himself. On the 22 May, 1920 Nandlal's widow Prasadrrioyee and. the plaintiff Ganesh sold the Dharsa garden to one Ahad Bux for a sum of Rs. 375. On the 28 June 1920 Prasadmoyee executed a bianapatra in respect of the first of these properties in favour, of the appellant Santosh Kumar Mullick agreeing be sell the same to the latter for a consideration of Rs, 4,999 and accepting Rs. 101 as earnest money. The necessity for the sale was stated in the bianapatra in these words: Soon after the death of my husband on the 28 Chaitra 1326 last when I was overwhelmed with grief and was seriously ill, Ganesh Chandra the son of my husband's uncle, fraudulently and without letting DM understand anything sold one plot of jamai land measuring about 1 1/2 bighas, in Dharsa, loft by ray husband and misappropriated the whole of the sale-proceeds thereof. Now, as I am in need of money in order to pay off the debts incurred by ms for the performance of the sradh ceremony of my husband, for treatment of my disease and for my maintenance : and there being no other moans of my maintenance, in order to makes arrangements for my maintenance and dwelling and to perform the Gaya sradh of my husband and for the treatment of my diseases I notified to sail, etc.