INDER KUER Vs. PIRTHIPAL KUER

JUDGEMENT

(1.) THIS is an appeal from the decree of the Chief Court of Oudh dated February 27, 1940, which reversed the decree of the Civil Judge, Sitapur, dated September 30, 1936, and decreed the plaintiffs' suit.

(2.) THE appellant before the Board was the second defendant in the suit, the surviving widow of one Mathura Singh, deceased. THE first and the only other defendant, her co-widow, did not join the appellant in filing this appeal. She was therefore made the third respondent. During the pendency of the appeal she died and her name was removed ; and the appellant was made her heir and legal representative by the order of the Chief Court.

(3.) ONE Bakhtawar Singh, a Hindu, had three sons, Raghubar, Ram Dayal, and Ram Sahai. Of these Raghubar and Ram Dayal had each one son called respectively, Sheo Singh and Mathura Singh ; and Raghubar had a daughter as well, whose sons were the plaintiffs in the suit. Sheo Singh died on December 17, 1920, without issue, leaving two widows, Musammat Bittan Kuer, who died on February 28, 1924, and Musammat Kanchan Kuer, who died on April 25, 1930.