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1961 Supreme(Pat) 63

K.AHMAD, H.MAHAPATRA
Renuka Bala Chatterji – Appellant
Versus
Aswini Kumar Gupta – Respondent


Judgment

Mahapatra, J.

1. The facts leading to the present appeal by defendant No. 1 may be stated in brief as follows: One Srimati Manorama Mazumdar, widow of Girish Chandra Mazumdar, the d on the 25th of April, 1936 leaving three daughters, Srimati Nirmala, Srimati Urmila and Srimati Amala. She had two other daughters, Srimati Framila and Srimati Simla who had predeceased her. Of the three surviving daughters. Srimati Amala the d on the 19th July, 1936 and Srimati Nirmala in 1939. Srimati Urmila is defendant No. 2 in the present suit and her son is defendant No. 3. Defendants 4 and 5 are sons of Nirmala and Bimala, respectively. Plaintiffs 1 to 5 are sons of Framila deceased. An item of house property consisting of half of the suit house was acquired by Manorama Mazumdar by way of gift from a relation, and she was the absolute owner thereof. Similarly, another item of property, which was the adjoining half of the house already acquired by Manorama, was purchased by Amala out of her earnings, and she constructed a house on that land herself. She was the absolute owner thereof.

2. On the death of Manorama Mazumdar in April, 1936, Srimati Amala inherited her property as a Stridhan he


















































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