KHANTA MONI SAHA Vs. SHYAM CHAND PRAMANICK SAHA
HIGH COURT OF CALCUTTA
KHANTA MONI SAHA
SHYAM CHAND PRAMANICK
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A.K.Sinha, J. -
(1.)This appeal is by the defendant against an appellate judgment and decree affirming the decree of the trial Court.
(2.)The respondent filed a suit for ejectment of the appellant who is his widowed sister from the suit, property on the ground of revocation of licence to use and occupy a portion of the disputed Property. The respondent's case, briefly. was that as the only son and legal heir he inherited the disputed property along with the other properties left by his father under the Dayatahaga School of Hindu Law who died intestate on 13-11-1936 to the exclusion of his widowed mother and married daughters including the present respondent who had no right of inheritance. The appellant after her husband's death with her two minor daughters was given shelter by him. in a portion of the disputed residential house left by the father. She was thus a lic-encee in respect of the portion of the house in her occupation but although she had no difficulty because of her daughters being educated and having sufficient income out of their employment she refused to vacate in spite of the revocation of licence.
(3.)The appellant contested the suit and set up a plea of her right of residence and maintenance out of her father's property as destitute widowed daughter. She also pleaded an alternative case, namely, that after the passing of the Hindu Succession Act 1956 her mother's right of maintenance and residence in father's property ripened into an absolute estate and after her death in 1958 she was entitled to half share of such estate left by the mother.
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