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CUMING, ASUTOSH MOOKERJEE
Baidya Nath Dutt – Appellant
Versus
Alef Jan Bibi – Respondent
JUDGMENT
1. The subject matter of the litigation which has culminated in this appeal is landed property situated in the eastern suburb of this city The property belonged originally to one Mather Ostagar whose name appears in the following pedigree:
MATHER OSTAGAR= Musammat Karimannessa. | Alefjan m. Lutfar Rahman | ---------------------------- | | | Mujibar Rahman Asia Sufia. m. Abdul, Kader.
2. On the 14th January 1857 Ostagar transferred the property to his wife, Karimannessa, in lieu of dower, by, a document described as a hiba-bil-ewaz (gift for an exchange). On the 26th June 1899 a conveyance of the property is said to have been executed by Karimannessa to her grand-daughters Asia, and Sufia. Whether his deed was in fact executed by Kar man nessa and, if so, whether it was voluntarily executed by her, are matters in controversy in this litigation. It is sufficient to mention at this stage that the d
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