PROSANNO KUMAR BOSE Vs. SARAT SHOSHI GHOSH

JUDGEMENT

(1.) The appellants in these four appeals are the four sons and the respondents are the three married daughters of Saroda Moyi Basu. On the 15 June 1853, Saroda Moyi received a gift from her father of taluk Roy Chandra Sarma No. 5480. This was after her marriage. On the 7 October 1903 she died, leaving four sons and three daughters her surviving. Three of the sons, other than the appellant in appeal No. 2095 of 1906, applied to the Collector to be registered as heirs of the taluk by right of inheritance from their mother. They were opposed by the three daughters, and, on the 24 August 1904, the applications of the sons were refused and an order was passed to register the three daughters as proprietors of the taluk by right of inheritance from Saroda Moyi Basu. The four brothers then filed four suits on the 5th July 1905 and following days, praying for declaration of their title each, to one-fourth share in the taluk and for recovery of possession.

(2.) In the Court of first instance the suits were heard ex parte in the absence of the defendants, and were decreed, the Munsif holding that the taluk was ayautuka stridhan of the mother and that the plaintiffs as sons were preferential heirs to the married daughters.

(3.) On appeal the lower Appellate Court has set aside the judgment and decree of the Munsif in all the cases and has dismissed all the suits.