BISWA NATH BHATTACHARJEE Vs. DURGA SUNDARI DEBI

JUDGEMENT

(1.) This is an appeal against the judgment of the 3 Subordinate Judge of Mymensing, dated the 25 March 1907. The suit, which has given rise to it, is one for recovery of possession of certain undivided shares in two revenue paying estates, mentioned in the schedules attached to the plaint after declaration of title thereto.

(2.) The plaintiff, Durga Sundari Debya, is the third daughter of one Manik Chandra Biswas, who is said to have died on the 11 January 1874 (Magh 1280). He is said to have made a Will which was registered on 19 January 1874.

(3.) The above Will provided, that on his death all his property should be taken by a son to be adopted by his widow Siva Sundari Debya. It also provided that, in case no such adoption was made, the widow and, after her, his four daughters should take all his properties in equal shares. There were other provisions also in the Will as to how the succession should devolve in case of the death of anyone of the daughters, which have no relevancy to the present appeal; but there is an important direction in the Will that the widow should, in administering the estate, always be guided by the advice of defendant No. 1 and his kinsmen, Mohesh Chandra Bhattacharjee and Shashi Kamal Bhattacharjee, all of whom are members of the family of the spiritual guide of the testator.