The main legal point established in the judgment is the interpretation of the deed of gift and the application of the doctrine of res judicata.

JUDGMENT

Nasim Ali, J. - The following genealogy about which there is no dispute will explain the facts of the case:

       __________________________________       |            |                   |    Abmas        Khelaram              Nibarn   (died in      (died in             (died in   1315 B. S.)   Kartic               Falgoon                 1326 B.S.)           1336 B.S.)     ______________________________     |     |              |             |     |   Rabi            Atul         Upen    |               (Defendant 1)            |                       _________________|                       |        _______________|_________________        |            |         |         |       Charu       Maitra     Rajani    Sajani                                       (Defendant 2)

2. The facts which are not in dispute in this appeal are these: Abinash acquired the properties included in Schedule Ka of the plaint, with his own earnings. As he had no son he and his wife liked defendants 1 and 2 very much. The latter used to live at the house of Abinash during his life-time. After Abinash's death Binoda Moyee being an illiterate pardanashih lady, the properties inherited by her from Abinash were managed and looked after by defendants 1 and 2. On 6th Kartic 1326 B. S.=23rd October 1919, a deed of gift was executed by Binoda Moyee and Nibaran. The material portion of this document is this:

Recipients of the deed of gift:

...Atul Chandra Ghosh...and Sri Sajani Kanta Ghosh....

Executant of the deed of gift:

...Binodamoyi Dassi, widow of late Abinas Chandra Ghosh...Sri Khelaram Ghosh and Sri Nibaran Chandra Ghosh, sons of late Dinanath Ghosh, by caste Sadgope...

This deed of gift in respect of the moveable and immovable properties mentioned in the schedules below is executed to the following effect:

I am Srimati Binodamoyi Dasi. My husband the late Abinash Chandra Ghosh...acquired...various properties, moveable and immovable...with his own earnings and when after remaining in possession and enjoyment of the same, he died leaving me as his sole heir, I inherited all those properties and have been till now possessing and enjoying them. But as I, being a woman, cannot properly manage these properties, you, two have been protecting and managing the properties since the death of my husband and if you had not managed all those properties in that way, they would have been destroyed. Moreover, I am highly pleased with you as you hold me in great respect and reverence and have been assisting me in performing my Bratas, Basanti Pooja, and other religious observances. But I have only a life interest in all these properties and have no authority in law to dispose them of. Sj. Khelaram Ghosh and Sj. Nibaran Chandra Ghosh, the elder and the younger brothers, respectively, of my husband, are the reversionary heirs, and you, Atul Chandra Ghosh, are the son of the said elder brother of my husband and you, Sajani Kanta Ghosh, are the son of the said younger brother of my husband. For these reasons, I, who have got the life-interest in the properties, and my husband's said elder and younger brothers, who are the next reversioners we three, jointly by this deed of gift make an absolute gift of our present and future rights and interests in the said properties as also in the properties purchased by myself. From this day you, down to your sons, grandsons and other successors-in-interest go on enjoying and possessing in great felicity all the properties, either left by my husband or purchased by me, mentioned in the schedule by exercising all kinds of rights therein including the rights of gift, sale &c....On the strength of this deed of gift you go on enjoying and possessing the properties either by inducting new tenants therein or by evicting old tenants therefrom or by possessing them yourselves, after mutating your name in the records of the zemindars and of the Collectorate. So long as I, Sm. Binodamoyi Dassi, will remain alive, you will allow me to reside in