KALI KANT CHAKERBUTTY Vs. RAJANI KANTA CHAKRAVARTY

JUDGEMENT

(1.) The question involved in this appeal turns upon the construction of the Will of one Kali Kinkar Chakravarty.

(2.) Kali Kinkar died leaving his mother, Tori, and his widow, Karatara. By his Will he gave certain properties to the mother and the widow absolutely. The 4th paragraph of the Will provides as follows: "The tank and the homestead in Betagi which belongs to me will remain in half and half share in possession of my mother Sreemoti Tori and my wife Karatara but they will not have the power to sell the properties. On the death of both, my heirs will get it. If in the meantime they go elsewhere by leaving my homestead, they will not get this property."

(3.) It appears that the mother sold the property and left the house, the widow then ratified the sale and also left the house. That was some time in 1867, the exact year being unnecessary for the purpose of the present case. The mother died more than 12 years before the suit but the widow died in 1908, i.e., within 12 years of the suit.