The Calcutta Law Journal Short Notes of Cases Articles and Other Matters - January to June 1952

Chand illahajan and Chandtsekham Aivar ft.) that the only right left to the junior members of the family is the right to take the estate by survivorship in case of failure of lineal heirs in the line of the last zemindar. [...] The test to be applied is whether the facts show a clear intention to renounce or surrender any interest in the impartible estate or a relinquishment of the right of succession and an intention to impress upon the zentindari the character of separate prperty. [...] In the case of an impartible estate the power to divide it amongst the members does not exist though the power in the holder to alienate it is there and from the existence of one power the other cannot he deduced. [...] It is not essential for the purpose of maintaining a suit on the basis of promissory note that the plaintiff must on the face of the instrument be the piwyee or the holder in due course. [...] This right of the person entitled to the money to institute the suit is irrespective of any indorsement in the document in his favour and is recognised on the basis of the vesting of the ownership of the money in the plaintiff in the absence of.a_ holder.