- (1.) The judgment of the Court was as follows:
(2.) The Plaintiff-Respondents filed a suit, claiming maintenance land for declaration of their right of residence. This claim has been allowed and the Defendant has appealed to this Court.
(3.) The parties belong to an ancient family in the district of Murshidabad known as Jemo Kandi Raj family. The Raj family is divided into five groups, but in the present proceedings we are concerned with two amongst these five groups. The following genealogical table indicates the relationship between the parties: Purnendu and Saradindu represented the two branches. Purnendu had no son and he adopted Ardhendu, the eldest son of Saradindu, who thereafter was known as Rajendu. Rajendu married Anilabala, who is the Appellant in this Court. Rajendu died on December 23, 1927, without any issue. On proceedings being taken for the grant of a probate to a will left by Rajendu, disputes arose between the parties. Such disputes were amicably settled and probate was thereafter granted to the second will left by Rajendu to Anilabala as the sole executrix. Immediately before probate had been granted Anilabala had taken Dibyendu, a grandson of Saradindu, in adoption. Dibyendu was renamed Madhabendu Narayan. Madhabendu married Rajlakshmi in March, 1934. Madhabendu after attaining majority brought a suit for declaration against Anilabala that he was entitled to get immediate possession of Rajendu's estate, denying that Anilabala had any life estate. Anilabala denied having taken Madhabendu in adoption at all and also questioned the validity of the adoption. This suit was finally disposed of in an appear brought to this Court. The adoption of Madhabendu was declared as valid and binding and it was held that, under Rajendu's will Anilabala had got a life estate, Madhabendu being entitled to get possession of the estate after her death. Very shortly, thereafter, Madhabendu died of gun-shot wounds, leaving his widow Rajlakshmi and two minor children Somendu and Anandamoyee who are the Plaintiffs in the present suit.;