Foolcomari Dasi vs Debendra Nath Seal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1941 Supreme(Cal) 16

AMEER ALI
Foolcomari Dasi – Appellant
Versus
Debendra Nath Seal – Respondent

JUDGMENT

Ameer Ali, J. - This suit turns upon a point of law. The facts may be very shortly stated. Kundanlal Seal (F)=Baj Lakhi (W), four sons, Jadu (S), second son Jyoti (S) died 1923=Ful Kumari (S.W.), third son Deben (S) fourth son Noren (S), Kundanlal died on 1st April 1939, leaving a will dated 1st December 1929. Under this will there is a provision for W (the widow), there is no provision for S.W. (son's widow) and the property goes, according to Hindu law, to the sons (S.S.S.), the heirs. The family is governed by the Bengal School of Hindu law, and the estate of Kundanlal was self-acquired.

2. The question of law is whether S.W. is entitled to claim maintenance by S.S.S., when S.S.S. take under a will and not by inheritance. There is no conflict of law where heirs take by inheritance. The leading case in Calcutta is Siddesury v. Janardan ('01) 5 C.W.N. 549, affirmed in Siddesury v. Janardan ('02) 29 Cal. 557. The theory of the matter has been expounded in detail in the judgment of Mahmood J. in Janki v. Nand Ram ('89) 11 All. 194, see especially pp. 202, 205, 208, 211, 217 and 218. The passage at p. 218 is adopted from Dr. Gurudas Bannerji's book. As regards devisees and don

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