Judgment

SHAH, J.: One Sashi Bhusan was possessed of a piece of land at Mouza Behala District 24-Parganas admeasuring .98 acres. The land devolved on the death of Sashi Bhusan in 1920 upon his daughter Sarala. Under the Dayabhaga system of law, Sarala inherited the property of her father as a limited owner. Sarala married Kunja Behari. The latter died in 1937 leaving him surviving Sarala, two sons Tulsi and Gobinda, and four daughters Nalini, Kamala, Mangala and Radha. Two of the daughters were married during the lifetime of Kunja Behari. Kunja Behari left no estate except a residential house constructed on the land at Mauza Behala. Kunja Behari was ailing for about one year before his death in 1937. He was in an humble walk of life, and was apparently not profitably employed during his lifetime. At the time of his death the two sons Tulsi and Gobinda were minors.

2. On October 22, 1941, Sarala executed a deed, Ext. E, agreeing to sell a part of the land (.90 acres) for Rs. 1,100/- to Chapalabala wife of Sakha Nath Ghosh. It was recited in the agreement of sale that Sarala had agreed to sell 90 acres of land possessed by her "on account of financial need and to pay off certain debts"