MT CHANDESHWARI KUER Vs. VIRESHWAR BANERJI

JUDGEMENT

(1.) This is an application in revision under Section 115, Civil P.C., against an order of the learned Civil Judge of Ghazipur. The facts, which have led up to this application, are these : One Rai Bahadur Sada Nand Pande died leaving him surviving, a widow, Mt. Chandeshwari Kuer, and two sons, Ishwar Dayal Pande and Prem Dayal Pande, and considerable fortune. Under an agreement arrived at between the parties, the two sons were entitled to get six annas each and the lady a four anna share in the estate. Prem Dayal Pande sold his six annas to one Panchanan Banerji and Mt. Chandeshwari Kuer, by a usufructuary mortgage, dated 23 January 1929, conveyed her four anna share to him.

(2.) In 1932 the mortgagee brought a suit for arrears of rent against certain tenants. Mt. Chandeshwari Kuer applied to be made a party. She was made a party. The suit was dismissed and the decision was affirmed, on appeal.

(3.) The suit, which has given rise to this application in revision, was brought by the sons of Panchanan Banerji on 5 October 1938, for possession of the property and also for recovery of Rs. 7090 on account of damages for the year 1343 to 1345 Fasli. The cause of action was alleged to be the act of dispossession caused by Mt. Chandeshwari Kuer.