The appellant preferred an appeal to a division bench which was dismissed.
1 instituted a suit for a declaration that as an heiress of Ratnamala Dassi she had 1/4 share in the movable and immovable property left by her and that she be allotted her share by partition of those properties.
was the sister of the deceaseds husband.
Appeal from the judgment and decree dated December 3, 1965 of the Calcutta High Court in Appeal from Original Decree No.
85 of 1965.
The appellant entered appearance and took up the plea in his written statement that under the Act he and respondents 2 and 3 being the brothers of the husband of the deceased Ratnamala Dassi were the heirs in preference to respondent 1 who.
Her husband Monmotha Nath Dutt had predeceased her.
The said Ratnamala Dassi left her surviving the appellant and respondents 2 and 3, the brothers of her husband and respondent 1, Urmilla Sundari Dassi her husbands sister.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1356 of 1956.
The facts may be briefly stated.
The suit was tried on the original side by a learned Single Judge of the Calcutta High Court who granted a preliminary decree on December 23, 1964 in favour of respondent 1 holding that she had 1/4 share in the estate left by Ratnamala Dassi.
C. Bhandare, Pratap Singh and K. Rajendra Chaudhuri, for respondent No.
In 1964 respondent No.
The Judgment of the Court was delivered by Grover, J. This is an appeal by certificate from a judgment of the Calcutta High Court.
N. Mukherjee, for the appellant.
One Ratanamala Dassi who was governed by the Bengal School of Hindu Law as modified by the Hindu Succession Act 1956, hereinafter called the Act, died intestate in January 1964 leaving numberissue or lineal descendants.
