KUMUD BANDHU SAHA Vs. ROMESH CHANDRA SAHA

JUDGEMENT

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

(2.) One Rajchandra Shaha of Brahmanbariah died on the 19th Chait 1308=2nd April 1902, leaving him surviving his son Kailash Chandra Shaha and a widow Mahamaya. Kailash married one Radharani and died on 15th Poush 1310=December 1905. Radharani died on the 12th Assu 1319, that is the 28th of September 1912.

(3.) By his Will dated 9th Poush 1307=24th December 1900, Rajchandra dedicated his 4 anna share in a certain Brahmittar 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 Mabamaya 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 eon, Kailash should succeed to her 4.anna share. His moveables, it may be mentioned, he bequeathed to his son Kailash.