RAM SARUP Vs. TOTI

JUDGEMENT

(1.) THE property in dispute consisting of agricultural land measuring 700 bighas kham, originally belonged to one Ram Nath. On his death, his son Hari Singh succeeded to it. On the latter's dying issueless, his mother Shrimati Toti got life estate therein. The mutation, however, was effected by the revenue authorities in favour of the reversioners of Hari Singh. That necessitated the filling of a suit by toti for a declaration that she was in possession of the property with life interest therein. It was incorrect as alleged by the reversioners, that she had remarried and thus lost her rights in the said property.

(2.) THE suit was contested by the reversioners on the main plea that since Toti had remarried one Duni, therefore, she had lost all her rights in t he property left by hari Singh.

(3.) ON 18th October, 1918. Toti's suit was decreed and it was held that she was in possession of the property and that she had not remarried Duni.