SAT NARAIN PANDEY Vs. DHURVA NARAIN

JUDGEMENT

(1.) This is a plaintiffs appeal arising out of a suit for declaration of the plaintiff's right, or in the alternative, for possession over certain zamindari property specified at the foot of the plaint.

(2.) According to the plaint the plaintiff's father Beni Prasad Pande and Jamna Prasad Pande were real brothers and they were joint. Jamna Prasad died on 23-11-1943, leaving behind him his widow Smt. Ramraji who was defendant No. 2 in the court below and a daughter Smt. Chhabraji, defendant No. 1. Both of them are dead and it is the adopted son of Chhabraji who is respondent in the present case.

(3.) The plaintiff's case was that according to the Hindu Women's Right to Property Act, Smt. Ramraji was only entitled to a widow's estate but she surrendered the same in his favour by executing a deed dated 31-1-44 by virture of which the plaintiff said, he became the exclusive owner and was entitled to the declaration, or if he is found to be out of possession, the possession of the plots in dispute. After the deed of surrender the plaintiff applied in the revenue Court for the mutation of his name which was opposed by Smt. Chhabraji, defendant No. 2, and on her opposition his name was not brought on the record and this has necessitated the suit. Defendant No. 1 denied that the plaintiff and her husband Jamna Prasad formed a joint Hindu family and she also denied the execution of any deed of surrender. She pleaded that Jamna Prasad died in a state of separation. She also denied that Smt. Ramraji was the widow of Jamna Prasad, and according to her, the wife of Jamna Prasad had predeceased him and the deed executed by the so called Ramraji was not binding and it was a fictitious transaction, Smt. Ramraji did not contest the suit.