PIRTHI PAL Vs. KALPOO

JUDGEMENT

(1.) This is a plaintiff's second appeal against the appellate decree of Shri G. C. Sinha, Civil Judge, Sultanpur, dated 29.11.1945.

(2.) The plaintiff Pirthi Pal sued for recovery of possession of certain zamindari property which belonged to two brothers, Karia and Jagmohan, sons of Nanku. Jagmohan died more than 20 years before the date of suit and apparently after his death the name of Mt. Patraji, who was his widow, was mutated in the village papers. At that time both Karia and his wife Mt. Ramraji were in Burma. Karia returned after his brother's death. When Karia himself died, the name of his widow, Mt. Ramraji, was mutated to his share. When she died in June 1943, Mt, Patraji obtained mutation in her favour in respect of that share also.

(3.) The plaintiff then filed the present suit saying that both Jagmohan and Karia formed a joint Hindu family, that on Jagmohan's death the name of Mt. Patraji was entered to his share by way of consolation, that in fact Karia remained in possession of the whole property, that on his death his widow Mt. Bamraji succeeded him and after her death he is entitled to the property as the nearest heir to Karia.