KHANTAMOYEE DEBI Vs. HRIDAYANANDA BHATTACHARJEE

JUDGEMENT

(1.) The following genealogy will serve to explain the relationship amongst the parties to this litigation:

(2.) One Ramananda Bhattacherjya was the original owner of an 8-annas share in certain properties which is the share involved in the present suit. He left six sons of whom two were Paramananda alias Mrittunjoy and Brahmananda alias Rajnarain. Paramananda left a son Kalikananda. Kalikananda had two wives by the first of whom he had a son Krishnananda, who died in 1250 B.S. (=1843). By his second wife Rajmoni, Kalikananda had. two daughters, Uma Sundari and Bima Sundari. Rajmoni died in 1267 B.S. (=1860). Uma Sundari died in 1276 B.C. (=1869) leaving a son Ananda Mohan who died in 1312 B.S. (=1905). Defendants 1 to 3 are three of the widows of Ananda Mohan. Defendant 4 is a daughter of Ananda Mohan by another widow who is dead, and the husband of defendant 4 is defendant 7. Bama Sundari died in 1322 B.S. (1916) leaving a daughter who is defendant 5, and the daughter of the latter is defendant 6. Brahmananda's son was Harananda who left two sons, Biswananda and Bodhananda. The plaintiffs who are four in number are the sons; of Biswananda.

(3.) The following facts have been found, and are not now disputed: The 8-annas share of Ramananda descended in halves to Krishnananda on the one hand and Harananda on the other, and on Harananda's death his 4-annas share was inherited by his sons Biswananda and Bodhananda. Since Krishnananda's death in 1843 his 4-annas share in the properties remained in the possession of Rajmoni till her death in I860. In 1862, after Rajmoni's death, Bodhadanda instituted a suit against Rajmoni's daughters Uma Sundari and Buna Sundari for recovery of possession of the said 4-annas share. This suit ended in a compromise, and a decree based thereon, by which Uma Sundari and Bama Sundari relinquished their right to a 10 gandas share in favour of Bodhananda and Biswananda, the latter of whom, however, was not a plaintiff to the suit though he was a party defendant therein, and they retained the remaining 3-annas 10 gandas share of which they were in possession. la 1865 Uma Sundari's son Ananda Mohan instituted a suit against Biswananda and Bodhananda. to set aside the aforesaid compromise and the relinquishment of the 10 gandas Share There was a compromise out of Court in that suit by which the relinquishment of the 10 gandas share was confirmed.