HARESWAR DAS AND ORS. Vs. NARESWARI DASYA

JUDGEMENT

(1.) THIS is Defendants' appeal, they having lost in both the court below.

(2.) THE Plaintiff brought a suit claiming lo be the widow of the paternal uncle of Defendants 1 to 3 and alleging that her husband Juju Ram and the father of Defendants 1 to 3 and husband of Defendant No. 4, were brothers and members of the joint family that she inherited her husband's property and has ever since been In possession of the suit property paying rents thereof. As the Defendants were questioning her right to the property she brought the suit for declaration of her tenancy right over the suit land and for confirmation of possession or recovery of possession depending on the finding of the Court.

(3.) AS the concurrent findings reached by the courts below are all findings of fact they are binding on this Court sitting in second appeal, It must he assumed for the purpose of this appeal, therefore, that the Plaintiff's husband was living jointly with the father of Defendants 1 to 3 and husband of Defendant No. 4, that he died while so being in possession, that his widow became entitled to the property, that his widow continued to live jointly with the Defendants 1 to 3 father and afterwards with the Defendants in the same homestead, that she had been paying the rent of the suit land and that she was enjoying the suit property.