JUDGMENT

1. This Rule was obtained on an application for revision of an order passed by the District Judge of Rungpur, u/s 115 of the C.P.C. The order was passed by the Judge under the provisions of the Succession of Property Protection Act XIX of 1841 directing that the curator appointed under that Act should make over certain properties to one Rai Sundari Dassya.

2. The facts are these. One Purna Chandra Saha died in 1899. He left a Will under the provisions of which amongst other things it was directed that his widow should remain in possession of the properties for her life. Certain annuities were given to his mother, the opposite party before us, and his grandmother. The widow Sarada Sundari was given authority to adopt a son and it was provided that if she died without making any adoption all the properties left by the testator should vest in two idols and that by the income of the properties the debsheba of the idols should be performed and if there was any surplus left that would be spent for certain charitable and educational purposes. The lady Sarada Sundari died on the 23rd November 1924 and after her death the present petitioner Benode Behary Saha took possession of the p