BASANT SINGH Vs. JANKI SINGH

JUDGEMENT

(1.) One Ramyad Singh was a member of a joint family and had eight annas interest in the joint family properties. He was a Hindu governed by the Mitakshara school of Hindu law. He died issueless, leaving his widow, Mst. Bhagwano Kunwar. The date of his death is in dispute. After his death, Bhagwano Kunwar filed the present suit for partition of the joint family properties claiming eight annas share therein. She contended that Ramyad Singh died in 1939 after the passing of the Hindu Women's Rights to Property Act, 1937, and she was entitled to maintain the suit for partition. The defendants contended that Ramyad Singh died in 1936 before the passing of the Act and she was entitled to maintenance only. The trial Court accepted the plaintiff's contention and decreed the suit. The defendants filed two separate appeals to the High Court. On December 15, 1958, Bhagwano Kunwar died. The High Court passed orders substituting one Ram Gulam Singh in her place. Later, the High Court recalled these orders, as it was conceded that Ram Gulam Singh was not her legal representative. By a deed dated March 14, 1958, Bhagwano Kunwar had sold lands measuring l bigha 5 kathas to the appellant. The High Court allowed the appellant's application for substitution under O. 22, R. 10 of the Code of Civil Procedure and proceeded to hear the appeals. The High Court accepted the defendants' contention, reversed the decree passed by the Subordinate Judge, and dismissed the suit. The appellant has now filed these appeals under certificates granted by the High Court.

(2.) The main point in controversy is, did Ramyad Singh die in 1936 or did he die in 1939 If he died in 1936, Bhagwano Kunwar was not entitled to maintain the suit for partition and the suit was liable to be dismissed. But if he died in 1939, she was entitled to eight annas share in the joint estate and was entitled to maintain the suit for partition under the Hindu Women's Rights to Property Act, 1937 read with the Bihar Hindu Women's Rights to Property (Extension to Agricultural Land) Act, 1942. Moreover, it is conceded by counsel for the respondents that in that event after 1956 she held her eight annas share in the joint estate as full owner by virtue of S. 14 of the Hindu Succession Act, l956, and on the strength of the sale deed dated March 14, 1958 executed by Mst. Bhagwano Kunwar the appellant was entitled to continue the suit for partition after her death.

(3.) There is conflicting oral evidence with regard to the date of death of Ramyad Singh. The appellant relied strongly upon an admission made by the main contesting defendants, Janki Singh and Kailashpati Singh, in a plaint signed and verified by them and filed in Title Suit No. 3 of 1948. In that plaint, Janki Singh and Kailashpati Singh claimed partition of the joint family properties, impleading Bhagwano Kunwar as defendant No. 8 and other members of the joint family as defendants Nos. 1 to 7. In this plaint, Janki Singh and Kailashpati Singh stated: