BISHESHWAR PRATAP SAHI Vs. PARATH NATH

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court of Judicature at Allahabad, dated April 30, 1930, which affirmed a decree of the Subordinate Judge of Benares, dated November 30, 1925.

(2.) THE appellants are the heirs and legal representatives of Musammat Dulhin Radhe Dulari Kunwar, hereinafther called Musammat Dulhin, who was the first defendant in the suit. She died in June, 1927, and the names of her legal representatives were placed on the record in her place in May, 1928.

(3.) THE following are the material facts: Bishambhar Panda died while the Hindu family was joint, and according to the principle of survivorship Narain Panda, his son, succeeded to and went into possession of his father's property, which is specified in the plaint. Narain died childless on March 26, 1902, his widow having predeceased him, and thereupon his mother Musammat Chhunni went into possession of the said property with the limited interest of a Hindu widow.