SUNITABALA DEBI Vs. DHARASUNDARI DEBI CHOWDHURANI

JUDGEMENT

(1.) The history of this case is the history of a family dispute between the appellant-a pardanashin lady, the daughter of one Strut Chandra Roy Chowdhury, and the respondents, who are his two widows. After the death of Strut Chowdhury, the respondents applied for a grant of letters of administration of his estate with a will annexed, the will being dated the 22nd November 1903, the date of his death. The appellant, as the daughter of the deceased and devisee under an earlier will, opposed this application. The District Judge refused the grant, holding that the alleged will was not genuine, and the respondents appealed to the High Court. While this appeal was pending, the Administrator-General of Bengal as executor applied for probate of an earlier will dated the 21st September, 1892. By the terms of this will the appellant would take the whole property of the testator, subject to certain small provisions for maintenance in favor of the first respondent and of another wife. A caveat was entered by the respondents to this grant, and there was thus opened a, prospect-of litigation inviting indeed to all who enjoy quarrels themselves or profit by the quarrels of others, but of small service to those interested either by family or pecuniary considerations in the estate.

(2.) In these circumstances a compromise of the whole proceedings was an obviously sensible course ,to take, for apart altogether from strict rights under disputed documents, the parties in controversy were associated by close relationship to the deceased-the one as his daughter and the others as his widows. A compromise was, in fact, reached, and it might have been hoped the disputes were ended, but it is rash to entertain such an expectation, for it is out of that compromise that these proceedings have arisen.

(3.) The effect of the compromise was simple. The respondents appeal against the judgment which declared against the alleged will of 22nd November, 1903, and the caveat against the grant of the earlier will were both to be withdrawn, and the probate of the earlier will was to be granted to the Administrator-General. As a consideration for this, and as a release of all claims against the estate, the appellant agreed to pay each of the widows an absolute sum of Rs. 80,000 with interest at 6 per cent, until payment, and to secure these sums by executing in their behalf a mortgage of the testator s estate, the value of which was stated to be Rs. 2,95,000.