ANURAGO KUER Vs. DARSHAN RAUT

JUDGEMENT

(1.) On August 23, 1915, three persons, namely, Mahesh, his son Rijhawan and his nephew Inderdeo, granted a muquarrari (permanent lease at a fixed rent) of a plot of land measuring about forty bighas, situated in Telhara in the district of Motihari, to one Ganesh Raut. The plaintiff, Musam-mat Anurago Kuer, who is the widow of one Sitaram, a brother of Mahesh's father Kesho, laid claim to a moiety of the land on the ground that it belonged to her husband, and that on his death it devolved upon her and her co-widow Rajo Kuer. The latter widow died in 1923, with the result that the plaintiff became the sole owner of her husband's estate. On August 22, 1927, a day before the expiry of the prescribed period of limitation, she brought the present suit for the recovery of her husband's share of the land against the lessee, who died during the pendency of the suit and is now represented by his successors in interest. The lessors also were impleaded as defendants, but they have not defended the suit.

(2.) The Subordinate Judge at Motihari, who tried the case, allowed her claim ; but on appeal by the lessee's representatives the High Court of Judicature at Patna reversed the decree granted by the trial Judge and dismissed the suit. From the decree dismissing her suit, the plaintiff has brought this appeal, which has been heard ex pmte.

(3.) To succeed in her appeal, the plaintiff must show (1) that her husband Sitaram was the proprietor of one-half of the land leased in August, 1915, and (2) that his estate devolved upon the plaintiff. She, however, failed to establish these points, upon which her claim was founded ; and the suit brought by her has, therefore, been rightly dismissed.