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1962 Supreme(Cal) 30

P.C.MALLICK
SASADHAR CHANDRA DAY – Appellant
Versus
TARA SUNDARI DASI – Respondent


Advocates Appeared:
Ajit Sarkar, B.C.Dutt, B.N.Banerjee, D.K.GHOSH, DILIP KUMAR CHATTERJEE, GOURI NATH MITTER

P. C. MALLICK, J.

( 1 ) THIS is a suit for the administration of the estate of Gopal Chandra Nawan who died in 1899 without leaving a male issue. Prosadmoni, the only daughter of Gopal inherited the estate. In a suit for partition of the Nawan estate, being Suit No. 1970 of 1933 Gopal's share in the estate was allotted to Prosadmoni by the final decree passed in 1949. The pro-perties allotted to Prosadmoni under the decree were to be held by her as a Hindu daughter, in a suit instituted by the next reversions against Prosadmoni in 1948. being Suit No. 3502 of 1948, for waste of the estate in her hand, a consent decree was passed whereby it was provided that moneys of the estate invested or otherwise lying in her hand were to be held by her as a 'hindu daughter'. On October 19 1959, Prosadmoni died intestate leaving her surviving the defendant Tara Sundari as her only heir. The plaintiffs claiming to be some of the reversioners of Gopal have instituted this suit impleading Tara Sundari and the remaining reversioners as party defendants. Their case is that Tara Sundari is not an heir of Gopal and the estate now belongs to the reversioners of Gopal. It is also alleged that the defend






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