JUDGMENT

Biswas, J. - The petitioner in this case, Maharani Nilimaprova Nandy, lent a sum of Rs. 15,000 to opposite party 2, Lalit Mohon Saha on the mortgage of a certain property in Kalighat, being premises Nos. 71B and 71C, Kalighat Road, and obtained a decree on the mortgage on 19th September 1940. On 31st January 1941, the petitioner filed an application for execution of the decree. The opposite party No. 2 thereupon applied for reopening of the decree u/s 36, Bengal Money Lenders Act, but the application was rejected. He then applied to a Debt Settlement Board for relief under the Bengal Agricultural Debtors Act, but this too was refused. Thereupon it is said he caused a suit to be instituted by his mother Kadambini Dasi, who is opposite party No. 1 in this rule, claiming a two-thirds interest in the property as heir of two deceased minor sons, on the allegation that the property had been purchased by opposite party No. 2 with funds belonging to the joint family of which he and the said two minors were members. In this suit Kadambini prayed for a declaration of her title to a two-thirds share of the property and of her right of residence therein, and a further declaration that