L CHAMANLAL DEAD Vs. RAM KATORI

JUDGEMENT

(1.) This appeal by special leave is filed by the plaintiffs whose suit no. 140 of 1951 has been dismissed by the High Court at Allahabad in first appeal no.93 of 1954 reversing the decree of the learned Civil Judge Saharanpur who had decreed the suit. The suit was for possession.

(2.) One Ramanand had two sons - Chamanlal and Ajodhya Prasad. Chamanlal's son is Kailash Chand. The suit was brought by Chamanlal and Kailash Chand. Chamanlal died during the litigation and his heirs have been brought on record. Ajodhya Prasad married one Sonia Devi. They has two issues, son Manakchand and daughter Makhmali. Ajodhya Prasad died in 1928 while he was still a member of the joint family. His son Manakchand died in 1930 when he was barely three years old. Makhmali was given in marriage to one Shanti Prasad, D.W.3. Disputes arose between the widow Sonia Devi and the plaintiffs with regard to family property and they were referred to arbitration in 1931. The arbitrators gave an award which was later filed in Court. Under this award decree the suit property and a large amount of cash were awarded to Sonia Devi absolutely. She obtained possession of the property allotted to her.

(3.) Makhmali the daughter of Sonia Devi died in 1944 and Sonia Devi died on 14-5-1950.