SANKAR NATH MUKERJI Vs. BEJOY GOPAL MUKERJI

JUDGEMENT

(1.) The suit giving rise to this and the connected appeals was brought by four out of the seven reversionary heirs of one Chandra Bhusan Mookerjee who died in the year 1832. The plaintiffs sought to recover khas possession of a 4/7 share of certain properties, and prayed for a declaration that an ijara, dated the 23 Bhadra 1270 (7 September 1863), granted for a term of sixty years by Sayamani Debi--the widow of Chandra Bhusan Mukerji, and the dur- ijaras, and se-ijaras, derivatively created thereunder had become inoperative since the death of Sayamani Debi. The plaintiffs allege that all these transactions are not binding on them.

(2.) The ijara was granted by Sayamani Debi to Annada Pershad Mookerjee--the father of the plaintiffs, and to Sarada Pershad Mookerjee, the son of the brother (Gouri Pershad) of Annada Pershad. The genealogical tree (at page 10 of the paper-book in appeal No. 71 of 1896) is not disputed. The history of the litigation between the members of the family goes back to the year 1814 when Chandra Bhusan Mookerjee's paternal grandfather Mohadeb Mookerjee made a partition of the zemindari and gave a 4 anna share to the father of Chandra Bhusan Mookerjee. Bamandas Mookerjee (the father's brother's son of Chandra Bhusan) appropriated this share under cover of a deed of trust, dated the 7 Aswin 1239 (1832), bearing the signature of Chundra Bhusan Mookerjee. The deed of trust purported to show that Chandra Bhusan Mookerjee had adopted Mathura Nath Mookerjee, the third son of Bamandas Mookerjee.

(3.) In the year 1844, twelve years after the death of Chandra Bhusan Mookerjee, his widow Sayamani Debi instituted suit No. 39 of 1844 against Bamandas Mookerjee and obtained a decree for her share of the inheritance. The final decision in that litigation is reported in Bamundoss Mookerjee V/s. Musammat Tarinee 7 M.I.A. 169. It bears dates the 22nd and 23rd February 1858.