PYARI LAL MULLICK Vs. JUGAL KISHORE MULLICK

JUDGEMENT

(1.) This suit is brought to determine the construction of the will of Haridass Dutt, a Hindu governed by the Dayabhaga law, who died on 30 September 1875. Haridas Dutt duly executed his will on the day upon which he died, and the clause in the will that the Court is now invited to interpret has already on three occasions been construed by the Judicial Committee of the Privy Council. I am informed that the parties are determined once more to obtain the opinion of the Privy Council as to the meaning and effect of these provisions. It may be so, but to my mind this is a very plain case, and I have no doubt as to the interpretation that ought to be put upon the clause under consideration.

(2.) The following genealogical table shows how the parties are related to each other: (For genealogical table see p. 426)

(3.) The Official Assignee is defendant 7, as representing the estates of Ram Prosad, Khetter Prosad, and Syam Prosad, who have been adjudicated insolvents. The provisions of the will which are material for the purposes of this case are as follows: But in case none of such adopted sons survive my said wife, or in case of either surviving my said wife and dying under the said age without leaving a son or sons, I desire and direct my executors, after the death of my said wife, or the death of such a son after her, but under the age of 18 years without leaving a son or sons, <JGN>Page</JGN> 2 of 5to make over and divide the whole of my estate, both real and personal, unto and between my daughters in equal shares, to whom and their respective sons I give, devise and bequeath the same, but should either of my said daughters die without leaving any male issue surviving, but leaving my other daughter her surviving, then in such case the surviving daughter and her sons shall be entitled to the share of the deceased daughter, or in the case of the death of either daughter leaving sons, the share of such daughter is to be paid to such her son or sons, share and share alike.