SAILA BALA DASI Vs. SAILA BALA DASI

JUDGEMENT

(1.) This is reference made to a Special Division Bench, under the second proviso to Rule 1, Chapter II of the High Court Appellate Side Rules. The questions of law referred for determination are:-

(2.) Promises No. 39 Chandni Chawk Street originally belonged to One Dashmoni Dasi. She died leaving two daughters Shyamasundari and Tripura Sundari. Under the last will and testament of Dashmoni. Shyama Sundari was bequeathed a ten annas share and Trinura Sundari a six annas share in the aforesaid premises, subject to certain charges as to Deva-Sheba, Tripura Sundari died, in or about the year 1888. leaving two sons Copal Chandra and Beni Madhab, who succeeded her, each having a three annas share in the property. Gopal died in the vear 1891 and was succeeded by his two sons Bepin Chandra and Narendra Nath. Bepin married twice. His first wife predeceased him, leaving two daughters, Sailabala (the petitioner) and Mrinalini, now dead. Bepin himself died in the year 1913, his second wife (the opposite party) surviving him. On the death of Bepin, she inherited, in the right of a Hindu widow, an one anna six pies share in the premises, to which Bepin was entitled.

(3.) The aforesaid premises was acquired under the Land Acquisition Act, and a sum of Rs. 1,55,250/- was awarded, on 20-2-1937, as compensation by the Land Acquisition Collector.