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1979 Supreme(Cal) 152

SALIL KUMAR DATTA
JIBAN ROY CHOUDHURY – Appellant
Versus
TARAMOYEE DEBI – Respondent


Advocates Appeared:
Asis Chandra Bagchi, BANKIM CHANDRA DUTT, Saktinath Mukherjee, Sm.Bulu Das

Salil Kumar Datta

( 1 ) THIS is an appeal against a decree of reversal. The plaintiff along with her sister Radharani instituted the suit on March 23, 1973 for recovery of possession of portion of the ground floor of premises No. 221/6a, Rash Behari Avenue, P. S. Ballygunge, Calcutta which defendant held as a monthly tenant at a monthly rent of Rs. 90/- per month payable according to English calendar month. The suit property belonged to Satish Chandra Banerjee since deceased and the tenancy was created by him. By a will Satish, who was childless, bequeathed the said property to his wife Niharika in life interest, thereafter to Taramoyee, wife of his brother's son Abani, in life interest and thereafter to her sons absolutely. He also bequeathed premises No, 221/6b, Rash Behari Avenue for life to his wife Niharika, thereafter to daughter Radharani wife of his brother's son Dharani, also for life and thereafter to her sons absolutely.

( 2 ) NIHARIKA predeceased her husband and on the death of Satish Chandra Banerjee, Taramoyee and Radharani applied for grant of Letters of Administration in respect of the two premises mentioned above which was duly granted to them on March 30, 1967 in




















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