UPENDRA NATH BOSE Vs. BINDESHRI PROSAD

JUDGEMENT

(1.) Jaikaran Lal, a Hindu governed by the Mitakshara School of Law, died in 1865, leaving him surviving his widow Musammat Jasoda Koer and his daughter Musammat Lochan Koer. Musammat Lochan Koer was married to Deonath Sahai, and the plaintiff Bindeshri Prosad is the sole surviving male issue of the marriage.

(2.) Bindeshri instituted this suit on the 14th April 1909 against Upendra Nath Bose and others and he seeks a declaration that he is the sole reversionary heir of Jaikaran Lal and on the death of his grandmother Musammat Jasoda Koer and Musammat, Lochan Koer he became entitled to the present possession of the entire estate, left by his maternal grandfather. He seeks the further declaration that the mokurari lease granted by Musammat Lochan Koer to Uma Shankar Prosad under patta and kabuliat dated the 20th August 1893, in respect of 8- annas share in Mauzas Pertappore, Chergerwa, Rokshi and Gajhanda appertaining to Mahal Kother, Touzi No. 3142, District Gaya, is not binding on the inheritance of the plaintiff and is null and void and inoperative as against him. Finally he prays for possession and mesne profits.

(3.) The suit No. 100 of 1909 was heard by the second Subordinate Judge of Gaya together with suits of a similar nature and the procedure adopted by the learned Judge has occasioned a certain amount of confusion as to the evidence. But happily we have been freed from this by the mode in which the appeal has been presented by the learned Vakils who have conducted the case before us, for they have limited themselves in their respective arguments to the materials to be found in the paper-books of this appeal, so I need make no further reference to this aspect of the case. The Subordinate Judge decided in the plaintiff s favour.