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1954 Supreme(Pat) 44

SINHA, MISRA
Babulal Mandal – Appellant
Versus
Sm. Abala Bala Dasya – Respondent


Judgment

Sinha, J.

1. This appeal is on behalf of defendants 1, 4, 5 and 6 and arises out of a suit brought by the plaintiff, Abala Bala Dasya, widow of Ashutosh Mandal, for declaration of title to and for recovery of possession of properties mentioned in schedule 2 of the plaint, and also for mesne profits.

2. One Ananta Mahata had two other brothers, Darpa and Rajib. They were all separate, and, in this litigation, we are concerned with the property left by Ananta Mahata. Ananta Mahata had made a will on 29-7-1931 giving four annas share in his properties to his wife, Baroda and twelve annas to Thakmoni, widowed daughter-in-law by his predeceased son, Hari Ram. He died some time in 1934 leaving behind him Baroda, the widow, Thakmoni, the daughter-in-law, the plaintiff, widow of his grandson, Asho, and Darpas sons and grandsons, defendants 7 and 8 to 11. Defendant No. 12 is the widow of Panu, one of the sons of Darpa. The third brother, Rajib, had no son but had only two daughters, whose husbands are defendants 4 and 5. After the death of the testator, Ananta Mahata, the widow, Baroda, and the daughter-in-law, Thakmoni, propounded the will and? prayed for letters of administration



























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