SUDHAMOYEE BOSE Vs. BHUJENDRA NATH BISWAS

JUDGEMENT

(1.) This is a suit to recover a sum of Rs. 1,393-3-0, the balance due in respect of a decree in a rent suit in the First Munsif's Court at Nadia. The claim is based on certain agreements set out in the plaint. The pedigree of the family is set out in para. 1 of the plaint. The head of the family was Radha Jiban Mustaphy who died in 1892. Radha Jiban had a patni interest in Mouza Lakhipur granted by the predecessor in title of the plaintiffs. The patni interest devolved on Radha Jiban's daughters Jogmaya, Padmabati and Bhababhabini. Padmabati and Jogmaya in 1916 executed leases in favour of Bhujendra, Jogmaya's eldest son. Bhujendra is said to have been the nominee on behalf of all the defendants in his branch of the family who will be called for brevity's sake the Biswas defendants. Bhababhabini's descendants have been referred to as the Ghose defendants.

(2.) On 1 February 1932 the plaintiffs obtained a rent decree for Rs. 1,636-10-11 against Jogmaya, Padmabati and Bhababhabini with regard to the patni tenure, Lakhipur. On 6th February Jogmaya died, and on 5 May Padmabati died. In June 1932 a family settlement is alleged to have been made under which Bhababhabini was to relinquish the estate, of Radha Jiban in favour of the reversioners, the Biswas defendants obtaining two-thirds share and the Ghose defendants the remaining one-third. On 22 June, 1932 two documents were executed: the first is a deed of relinquishment or surrender by Bhababhabini in which she recites that she is entitled to all the properties left by her father, and that Jogmaya had sold to Bhujendra her share in a certain mahal included in towzi No. 491. There is a further recital that: There have been disputes and quarrels regarding the properties and likelihood of litigation, and being reluctant and free from all desires of carrying on litigation with you, says the executant, by executing this deed of relinquishment in your favour I now declare that I fully give up all my right, title and interest that I have in the immovable properties left by my deceased father.

(3.) The defendants have endorsed at the foot of that document their acceptance of the relinquishment and that document is duly registered. A further document was executed on the same day which is called a "deed of determination of shares and family arrangement or settlement," It recites the leases of 1916 which are there stated to be in favour of the Biswas defendants though in the name of Bhujendra only. There is again a recital of the likelihood of disputes and dissensions in respect of all properties, and of the deed of relinquishment which had been executed by Bhababhabini, and in Clause 12 which is the material clause on which the plaintiffs rely, it is provided: The first party (that is the Biswas defendants) remain bound to pay all Government revenue, cesses, etc., and the rent and cess, etc., and all arrears outstanding, etc., due to the superior landlords payable in respect of the properties mentioned in Sch. Ka as also all kinds of debts which Jogmaya Dasi and Padmabati Dasi and Bhujendra Nath Biswas were bound to pay.