KARATALA LAKSHMI BIHAR Vs. HRIDAY RANJAN CHOWDHURY

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court Division in Second Appeal No. 21 of 1983.

(2.) Leave was granted to consider whether the Buddhists in Bangladesh are governed by the Hindu Law in mailers of succession.

(3.) Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama dated 14.3.37 was illegal, null and void and not binding on the plaintiff. Plaintiff is the son of Tripura. The land originally belonged to one Lakshmi Charan Bartia who died leaving behind a widow Kumari Barua and two daughters namely Tripura and Promilla. On Lakshmi's death his widow Kumari got life interest. Kumari died leaving daughters Tripura and Pramila who also got life interest in the property. On Tripura's death her interest devolved upon her sister Pramila for life time. Pramila died in 1937 leaving behind five daughters, defendant No. 2 and others. Pramila Sundari executed a document called Nirupannama in favour of the Chief Priest of Lakshmi Bihar. This document was assailed by the plaintiff as being fraudulent and collusive inasmuch as it has affected the reversioners and their interest. The defendant threatened the plaintiff with dispossession and hence the suit.