UPENDRA NATH MUKHOPADHYA Vs. KIRAN CHANDRA GHORE

JUDGEMENT

(1.) This appeal arises out of a suit brought by the daughter's sons of one Peary Mohan Goswami for recovery of captain properties belonging to their maternal grandfather which had been alienated by their mother Uma Sundari. Uma Sundari died in November, 1912, and the present suit was brought in November, 1919.

(2.) The. Munsif gave a decree in favour of the plaintiffs with regard to all the lands claimed except four plots. The defendants appealed to the District Judge and the plaintiffs preferred cross-objections. The appeal of the defendants was decreed by the learned Judge and the cross-objections dismissed. In the result the entire suit was dismissed on appeal. The plaintiffs appeal to this Court and they attack the decision of the, District Judge on the ground that the alienations made by their mother who had Hindu widow's estate in the property left by her father were not justified by legal necessity.

(3.) The defendants allege that some of the properties did not belong to the estate of the maternal grandfather of the plaintiffs, namely, the lands entered in schedule ga 4 and schedule cha of the plaint. With regard to the lands included in schedule cha the learned Judge found that the lands were acquired by Uma Sundari and the plaintiffs had not been able to; prove that it was done with the funds belonging to the estate of Uma Sundari's father. On this finding the plaintiffs claim with regard to the lands stated in schedule cha must be dismissed.