Kolkata Court July 1945 Judgments
Dwijesh Chandra Roy Vs. Naresh Chandra Gupta
Court: Kolkata
Decided on: Jul-20-1945
Reported in: AIR1945Cal492
Das, J.1. This is an appeal by the plaintiff in a suit for recovery of certain lands against the decision of the learned District Judge of Sylhet dated 4th November 1940, which modified in part the decision of the learned Subordinate Judge dated 28th September 1939, and virtually dismissed the suit. One Draesh Chandra Roy Choudhury, the father of the plaintiff, was the owner of touzi No, 75 of the Mymensingh Collectorate, Mouzas Joysiddhi and Bilsanki appertained to that touzi No. 75. These two mouzas abutted on the right bank of the river Bheramona which at this point flowed more or less from the north west in a south easterly direction. On the left bank of this river was situate mouza Kamalpur appertaining to separate account No. 3 of taluk No. 4 of Pargana Beniachomg in the District of Sylhet.2. The case laid in the plaint is that from, sometime before the survey and settlement of 1913/1914 of the District of Mymensingh the right bank of the river Bheramona gave way, with the result...
Tag this Judgment!Sree Sree Sreedhar Jew Vs. Kanta Mohan Mullick and ors.
Court: Kolkata
Decided on: Jul-19-1945
Reported in: AIR1947Cal213
Gentle, J.1. A wealthy man named Motilal Seal was the member of a family governed by the Dayabhaga School of Hindu Law. He died in 1854 leaving 5 sons of whom Kanailal was the youngest and who inherited 1/5th of his father's estate. This portion was more than considerable and has increased in value since Motilal's death. Kanailal died in 1884 leaving one son, Gopal Lall, and two married daughters, Sukumari and Hemkumari. Gopal died in 1902, intestate and childless, leaving two widows Kumudini and Noyan Manjuri, the latter being a lunatic; they died in 1917 and 1937 respectively. Defendant 2 is the only son of Hemkumari and a cousin of the remaining four defendants who are the sons of Sukumari; thus, all the defendants are grandsons of Kanailal. Hemkumari and Sukumari died some years ago. The defendants succeeded to Kanailal's estate, which includes a large family house, No. 60 Colootollah Street, Calcutta. It is common ground that the defendants are the shebaits of the plaintiff deitie...
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