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1984 Supreme(Cal) 212

PRATIBHA BONNERJEA
GOSWAMI MALTI VAHUJI MAHARAJ – Appellant
Versus
PURUSHOTTAM LAL PODDAR – Respondent


Advocates Appeared:
A.C.BHABRA, Jayanta Kumar Mitra, PRADIP MITRA, RANJAN DEV, S.K.KAPOOR

PRATIBHA BONNERJEA, J.

( 1 ) IN 1907, the suit property, premises No. 6, Kanulal Lane belonged to one Goswamini Shree Radha Vahuji Maharaj and one Shree Giridharilalji Maharaj jointly having undivided half share each therein. Radha Vahuji by a registered deed of lease dated 9-10-1907 leased out her half undivided share in the said property to one Gordhandas Poddar for 51 years from 1-9-1907.

( 2 ) BY two separate registered deeds of lease dated 9-10-1907 and 19-12-1908 respectively, Giridharilalji also leased out his undivided half share in the said premises to the same Gordhandas Poddar for 51 years from 1-9-1907. Thus Gordhandas became the lessee in respect of the entire premises No. 6, Kanulal Lane. Giridharilalji died on 6-12-1908 leaving his last will and testament whereby he appointed his wife Sm. Krishna Priya as the executrix. Probate of this will was duly obtained on 7-3-1973. Pursuant to the authority given under the said will, Krishna Priya adopted Govardhaneshji on 14-12-1946. Krishna Priya died thereafter and Govardhaneshji became the co-owner of the undivided half share in the suit property. The other undivided half share of the property of Radha Vahuji devolved on


























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