JAMUNA PRASAD Vs. MST. PANNA AND OTHERS

JUDGEMENT

(1.) THE facts of the case will be clear from the following pedigree :

(2.) SARJU Rais son Babban Rai had not been known for more than past 11 years and will be presumed to be dead, and his grandson Avad Behari had pre-deceased him. In 1953, in Sarju Rais family, besides Sarju Rai there were only Smt. Pyari widow of Babban Rai, Smt. Pana widow of Avad Behari and Kumari Radhika great grand-daughter of Sarju Rai. Smt. Dulari the daughter of Sarju Rai was married to Jamuna Prasad whose sons are Shambhu Saran and Bhairon Prasad.

(3.) DURING the pendency of the suit a compromise was arrived at on 17-1-1957 between Shrimati Pana, Shrimati Piari on the one side and Ram Asre and his father Janta Rai on the other by virtue of which it was agreed that the property of Barnai would be deemed to be the property of Piari and Pana and Ram Asre and Janta Rai would have no concern with the property and that Piari and Pana would pay a sum of Rs. 2,000/- to Ram Asre partly which had been taken by them and for which a promissory note was executed by the ladies in favour of Janta Rai. Kumari Radhika was absolved in that suit.