MANMATHA NATH SETT Vs. GOBINDALALL SETT

JUDGEMENT

(1.) The plaintiff sues for a declaration of the rights of the parties to this suit in the estate of one Debendra Mohan Sett, for discovery of that estate, for possession, partition, accounts and other reliefs. (His Lordship after giving the relevant pedigree proceeded.) Kristo Mohan Sett was a Hindu governed by the Dayabhaga. He died leaving a widow Prembutty Dassi, a daughter, and two sons Rajkumar and Brojo Kumar who inherited his property in undivided equal shares. Rajkumar died leaving a widow Moni Dassi and two sons, Debendra and Nripendra, who inherited the half share of their father Rajkumar. Nripendra died unmarried and his estate vested in his uncle Brojo Kumar. Debendra died intestate and childless in 1854, leaving as his sole heiress his widow Kristo Kamini, then aged about 11 years. In 1855, by her mother as guardian and next friend she filed a bill of complaint in the Supreme Court, asking for partition of the estate of Kristo Mohan Sett, and alleging that she had been excluded from all benefit. A preliminary decree was made in 1866, whereby it was found that she was entitled to a fourth share in his estate and half share in the estate of her father-in-law Rajkumar.

(2.) Subsequently, the matter was compromised and after an inquiry by the Master and after he had decided that an offer of Rs. 70 per month was not beneficial to the infant plaintiff but that Rs. 100 would be, a consent decree was passed in 1857, whereby it was decreed that Rs. 100 per month should be paid to Kamini for life, in respect of her claim for maintenance against the estate of Debendra. Brojo Kumar died in 1865, leaving two sons, Purnagendra and Sujendra. Having transferred part of his property to Purnagendra during his lifetime, he left his remaining property to Sujendra, who in 1866 executed a deed of settlement of all his property for the benefit of himself and his creditors. In 1868 Kamini instituted a suit against. Purnagendra and Sujendra and others to set aside the consent decree of 1857 on the ground of fraud, collusion and suppression of facts, and to proceed with the preliminary decree for partition of 1856. This suit also was compromised on the terms that in consideration of the payment by Purnagendra to the plaintiff of a sum of Rs. 4000 and also a sum of Rs. 2000 for arrears of maintenance from November 1866 to June 1868 at the rate of Rs. 100 per month, and the payment of Rs. 100 per month for her future maintenance during the term of her natural life to be a charge upon the estate, and her costs, and the costs of the other defendants, and others payments, including a supply to the plaintiff of certain offerings to a family idol or in default thereof Rs. 16 per months Kamini would execute a conveyance of her right, title and interest, in the estate of Debendra, to Purnagendra for the individual use and benefit of him and his heirs, and assigns for ever.

(3.) Further, it was expressly provided that the decree was to be without prejudice to the rights of the defendant Sujendra Accordingly, in the same year Kamini executed a conveyance in the terms agreed upon. It is to be observed that her estate was the limited estate of a Hindu widow and that at that time Purnagendra and Sujendra were the next joint reversionary, heirs to the estate of Debendra. Purnagendra died in 1869, leaving a widow and fous sons, Soshi, Girija, Kailash and Shama. Soshi died in 1890 leaving a widow Nandarani and three sons Kanailal, Gobindalat and Muttylal, In 1893 a deed of conveyance was executed by Kamini, Sujendra. Girija, Kailash, Shama and Nandarani as administratrix of Soshi, which recited inter alia, that in 1868 Kamini had conveyed to Purnagendra her right, title and interest to. the estate of Debendra as his widow an heiress, and that Purnagendra during his lifetime and thereafter his representatives, had been in possession of the said estate and that, subject to that conveyance, Kamini was entitled to the hereditaments thereby to be assured for all the estate and; interest therein of a Hindu widow, and that Sujendra was the sole heir in immediate reversion to Debendra, expectant or the death of Kamini. The deed provided, for the absolute sale by Kamini and Sujendra to Girija, Kailash, Shama and Nandarani, of their interests in the estate of Debendra, in consideration of a sum of Rs. 5000 and a monthly sum of Rs. 165 during her natural life to be paid to Kamini, and a monthly sum of Rs. 300 during his natural life to be paid to Sujendra, Kamini and Sujendra each covenanting for herself and himself and not the one or the other of them.