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1929 Supreme(Cal) 89

MUKERJI, GUHA
Debendra Nath Sadhukhan – Appellant
Versus
Naharmal Jalan – Respondent


JUDGMENT

Mukerji, J. - One Khedu Jamadar had in his lifetime built and consecrated a mosque at Tiljala, in the suburbs of Calcutta, the place where he resided. The mosque was originally a tiled hut, but subsequently he made it brick-built. He made a will in 1867 and died in 1871, leaving him surviving his first wife Dulera Bibi and a daughter by her named Alijan, and a second wife Idun Bibi whom be had married as a widow, and by the latter a son named Didarbux. Idun Bibi had a daughter named Raju Bibi by her first husband. By his will he bequeathed a ten annas share of his properties to his first wife Dulera Bibi and the remaining six annas thereof to his second wife Idun Bibi and his son Didarbux. On Khedu Jamadar's death the two widows fell out, but the dispute was eventually settled by a sort of a family arrangement arrived at with the help of some arbitrators, and this arrangement was embodied in and carried out by two documents executed and registered in 1872. By this arrangement Idun Bibi and her son got in her six annas share the mosque at Tiljala and the lands adjoining, and two items of properties at Salkia. During her life Idun Bibi acquired certain properties and eventual

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