One of the grounds on which the suit was based was that the marriage of Santi Debi with Rabindra was a nullity inasmuch as the said marriage was one between persons within prohibited degrees.
The material terms of this companypromise will be set out presently.
Consequently Santi Debi filed an application for execution on July 8, 1949, to realise the arrears of her monthly allowance from March, 1948, to July, 1949, amounting to Rs.
475 payable from the month of November, 1946.
Thereupon on the same date the following formal order was passed.
The facts leading thereto are as follows.
100 of 1950 arising out of the decree dated July 18, 1950, of the Court of Subordinate Judge, Alipore, 2nd Court, in Miscellaneous Case No.
An appeal was taken therefrom to the High Court at Calcutta which was dismissed by its judgment under appeal.
Appeal by special leave from the judgment and decree dated March 10, 1952, of the Calcutta High Court in appeal from the Original Order No.
This suit companying on this day for final disposal it is ordered and decreed that the suit be and the same is hereby decreed on companypromise as against defendant No.
Hence the present appeal in which Rajes is the appellant, while Santi Debi is the first respondent and Ramendra is the second respondent.
The terms of that trust deed will be referred to presently.
After the execution of this trust deed the father died, The exact date of his death does number appear on the record.
By the said companypromise Santi Debi gave up her rights under the previous companypromise decree of 1941 and agreed to receive for her natural life a monthly allowance of Rs.
Some time thereafter the suit was companypromised on December 3, 1946.
That the solenama do form part of this decree.
One Ramani Kanta Roy was possessed of companysiderable properties.
The eldest of the sons, Rajes, was appointed thereunder as the sole trustee to hold the properties under trust subject to certain powers and obligations.
It appears that the monthly allowance as aforesaid was regularly paid up to the end of February, 1948, and that thereafter payment was defaulted.
Atul Chandra Gupta, S. C. Jana, N. C. Sen, Arun Kumar Dutta and R.R. Biswas, for respondent No.
The Judgment of the Court was delivered by JAGANNADHADAS J. This is an appeal by special leave against the judgment and decree of the High Court of Calcutta and arises out of an application filed by the appellant under s. 47 of the Code of Civil Procedure in the companyrse of execution proceedings in the Second Court of the Subordinate Judge at Alipore, District 24 Parganas.
Shortly thereafter, however, i.e., in the year 1944, Ramani and his two sons, Rajes and Ramendra, filed a suit against Santi Debi.
K. Daphtary, Soliditor General for India, N. C. Chatterji and Sukumar Ghose, fOr the appellant.
CIVIL APPELLATE JUIRISDICTION Civil Appeal No.
He had three sons, Rajes Kanta Roy, Rabindra Kanta Roy and Ramendra Kanta Roy.
35 of 1955.
The petition for companypromise was filed on December 3, 1946, with the prayer that the terms of this petition of companypromise be recorded and that the title suit mentioned above as between the plaintiffs and defendant No.
ln 1934 Ramani created an endowment in respect of some of his properties in favour of his family deity and appointed his three sons as shebaits.
for a declaration that the above mentioned companypromise decree was null and void.
8,075 against both the brothers, Rajes and Ramendra.
The suit terminated in a companypromise recognizing the right of Salnti Debi as a companyhebait.
1 be disposed of in terms of this petition of companypromise and the companypromise be made a part of the decree in the same.
Rabindra died childless in the year 1938 leaving a widow, Santi Debi.
76 of 1949.
November 19.
During the pendency of that suit Ramani, the father, executed a registered trust deed in respect of his entire properties on July 26, 1945.
It was one of the terms of the companypromise that on default of payment Santi Debi will be entitled to realise the same by means of execution of the decree.
After the death of Rabindra his widow Santi Debi, instituted a suit against the other members of the family in 1941 for a declaration that she, as the heir of her deceased husband, was entitled to function as a shebait in the place of her husband.
