SRIMATI AMBALIKA DASI Vs. SRIMATI ARPANA DASI

JUDGEMENT

(1.) This appeal and Appeal No. 59 arise out of a suit instituted by the plaintiffs as executors to the estate of one Kali Prosanna Ghosh for the partition of a property called Taraf Katia Nangla and for allotment of a one-third share thereof to the plaintiffs.

(2.) Taraf Katia Nangla, Touzi No. 1086 of the Khulna Collectorate, consists of 8 Mouzahs, one of which bears the name of Katia Nangla. It is situated in Pargana Sahas, and the revenue payable for it was included in the Dowl of Pargana Sahas at the time of the Decennial Settlement, but has all along been treated as a separate property and a separate Touzi number was given to it when the Cess Act came into force. The plaintiff claim title to one-third share of it in the following manner: Pargana Sahas belonged to the Chanchra Raj family, and Raja Baroda Kant (the last Raja) left three sons, Jnanada Kant, Hemoda Kant and Manada Kant. Hemoda Kant Roy, one of the sons, spld his undivided one-third share of Zamindari Mahal Pargana Sahas, Touzi No. 1086 of the Khulna Collectorate, to Kali Prosanna Ghosh by a conveyance dated the 15th December 1892 "together with a like share of and in all and singular subordinate interests in the said Zamindari including the Ranian Britti 1,15,000." At that time the life-estate in Taraf Katia Nangla was held by Rani Durga Sundari, the mother of Hemoda Kant, under a family arrangement, thq latter having a vested remainder in one-third share of the property. In the year 1901 Kali Prosanna Ghosh brought a suit for partition of Pargana Sahas including Mouza Katia Nangla. The case was amicably settled, and Pargana Sahas was partitioned; and it, was agreed in that suit that Taraf Katia Nangla would remain in the possession of the Rani during her lifetime and that it would be partitioned after her death.

(3.) Rani Durga Sundari died on the 28th December 1911 and the present suit was instituted on the 7th August 1912.