PRASANNA KUMAR NANDI Vs. UMEDAR RAJA CHOWDHURY

JUDGEMENT

(1.) The claim in this case relates to a twelfth share of certain immovable properties described in the schedules to the plaint. They were at one time owned by three brothers Kasi Nath, Biswa Nath and Jagannath. Kasi Nath's one-third share devolved on his son the defendant No. 13. Biswa Nath died sonless in the year 1874 and his one-third share devolved on his widow Vishnupriya, who died in the year 1902. Biswa Nath. left him surviving a married daughter Joytara, but she was sonless and became a widowin the life-time of Vishnupriya. Jagannath also died while Vishnupriya was alive. The plaintiff and the defendants Nos. 14 and 15 are sons of Jagannath, and under the Dayabhaga School of Hindu Law, the plaintiff and these defendants as well as defendant No. 13 are equally entitled to the share of Biswa Nath. The plaintiff is thus entitled to a twelfth share.

(2.) The contesting defendants are the purchasers of the share of Biswa Nath from Vishnupriya and they have set up three deeds of transfer in support of their claim two of the year 1881 and one of the year 1886. The first two deeds were executed by Jagan-nath and Vishnupriya and covered their respective shares in some of the properties, the subject of this suit. The deed of 1886 was executed by Vishnupriya alone in favour of Joytara who, it is admitted, was benamdar of the defendant No. 13.

(3.) The lower Courts have dismissed the claim of the plaintiff holding that there were necessities justifying the sales by Vishnupriya. The finding is one of fact and the flaws in the reasonings of the lower Courts relied on by the learned Vakil for the appellant are not sufficient in law to induce us to set it aside. If the appeal had rested only on the grounds impugning this finding, we should have no hesitation in dismissing the appeal.