KUMUD BANDHU SAHA Vs. RAMESH CHANDRA SAHA

JUDGEMENT

(1.) This appeal arises out of a suit for establishment of title, recovery of possession, mesne profits and accounts.

(2.) One Raj Chandra Saha of Brahmanberiah died on the 19th Chait, 1308 (2-4-1902) leaving him surving his son Kailash Chandra Saha and a widow Mahamaya. Kailash married one Radharani and died on the 5th Poush, 1310 (December, 1903). Radharani died on the 12th Aswin, 1319, that is, the 28th of September, 1912.

(3.) By his will dated 9th Poush, 1307 (24th December, 1900), Raj Chandra dedicated his 4 annas share in a certain brahmottar mouza to the service of certain deities, and directed that Mahamaya should be shebait and that on her death the son Kailash should succeed her in that office. His other immoveable properties he divided between Kailash and Mahamaya, bequeathing 12 annas to Kailash, and 4 annas to Mahamaya for her life. He next authorised Mahamaya to adopt three sons in succession, whether in the lifetime of Kailash or after his death, and provided that on Mahamaya s death, the adopted son, if any, and failing any adopted son, Kailash should succeed to her 4 annas share. His moveables, it may be mentioned, he bequeathed to his son Kailash.,