SATYA RANJAN ROY Vs. ANNAPURNA DASI

JUDGEMENT

(1.) Kali Kishore Roy, Mathur Chandra Roy and Mukunda Chandra Eoy were three brothers, each of them having a 1/3 share in their joint family properties. Kali Kishore died leaving five sons, namely the defennants 1 to 4 and one Rama Kanta Roy now deceased. Mathur Chandra then died leaving a son the defendant 5. Mukunda thereafter died leaving a widow, the plaintiff Annapurna and a female child then in arms.

(2.) Mukunda left a will. The preamble to the will recited that Kali Kishore in his lifetime had given permission to him to adopt as his son Kali Kishore's son Rama Kanta and he gave permission to his wife Annapurna to adopt after his death the said Eama Kanta as his son. The will then provided: Both of them (meaning Annapurna and Rama Kanta), do enjoy as my heirs and successors according to the terms and conditions of the achalpatra (meaning the will) as executed by me and as laid down in the paragraphs-following, none of them shall be entitled to violate the same.

(3.) In para. 1 of the will it was provided that taking his 1/3 share as 16 annas Rama Kanta, on his death, would as " malik " get 12 annas, thereof and the other four sons of Kali Kishore would get the remaining 4 annas.