CHANDI CHARAN DAS Vs. DULAL PAIK

JUDGEMENT

(1.) This appeal arises out of a suit for partition, accounts and for various other reliefs. The plaintiff-respondent is the daughter's son of one Lokenath Mandal. Lokenath had two brothers, Tarak Nath and Hiralal. Lokenash left his widow Monmohini, his daughter Ramani, the Defendant No. 5, and his daughter's son Dulal Chandra, the plaintiff. Tarak Nath's widow Uma Sundari was the Defendant No. 3 since deceased. Hiralal left two sons Chandi, the Defendant No. 1, and Kedar Nath, the Defendant No. 2, and a daughter Bhabini, the Defendant No. 4.

(2.) Lokenath established a deity Sree Sree Radha Krishna Jiu in his dwelling-house in May 1902. On the 20 July 1902 he executed an arpannama (deed of endowment). On the 26th July 1903 he executed a Will. On the 31 July of the same year he executed an ekrar. A codicil was executed on the 11 November 1904.

(3.) On the 4 December 1907 Monmohini obtained probate of the Will of Lokenath, In 1912, the Defendants Nos. 1 and 2 brought an administration suit against Monmohini and others. That suit was, decreed in a modified form on the 5 September 1913 by the trial Court. There was an appeal by the Defendants Nos; 1 and 2 to the High Court in R.A. No. 19 of 1914. There was a compromise between the parties, and a decree was passed by consent on the 25 July 1916. Subsequently Monmohini brought an account suit (No. 9 of 1919) against Dulal, the plaintiff. She died on the 10 November 1919 and the suit was continued by the Defendants Nos. 1 and 2 which, however, was dismissed on the 17 January 1921. The present suit was instituted on the 5 August 1921 by Dulal as stated above.