JUDGMENT

Richardson, J. - The main facts of this case are not in dispute, though the parties are not agreed as to all the inferences to be drawn from them.

2. The sister of Lala Bangsha Gopal Nande, a Hindu governed by the Mitakshata Law, became the wife of the then Maharaja of Bardwan. Bangsha Gopal settled in Burdwan and gathered considerable wealth in lands and goods, the whole of which was self acquired. He had three wives and eight sons. The eldest son (the only son by the first wife) was adopted by the Maharaja and ceased to be a son of Bangsha Gopal. The other sons survived him. He died on the 26th December 1892 (Poush 1299) leaving a Will, dated 31st October 1891, by which he distributed his property among his sons. The youngest son, Santi, is not mentioned in the Will but took his share under its terms. The Will provided generally that each son was to live in joint mess with his brothers until be completed the twenty-fifth year of his age when his aliquot share would "fully belong to him in title after vesting absolutely in his sons and grandsons, etc" In due course, Nirmal Prokash, the only son by the second wife, became possessed of his share. He died in 1903 (1310) and wa