SRINATH TEWARY Vs. RAMSURAT DEVI

JUDGEMENT

(1.) This is an appeal by the defendants against the judgment of the Additional Subordinate Judge of Arrah decreeing the suit of the plaintiff-respondent in part. The suit was for declaration of the title of the plaintiff to one-third share in the properties mentioned at the foot of the plaint and for partition of those properties with separate takhta in respect of her share. There was also a prayer that in case the plaintiff was found to be out of possession, she should be put in possession.

(2.) The facts of the case relevant for the purposes of this appeal may briefly be stated as follows :

(3.) One Hiranand Tewary was the owner of the properties in dispute. He had acquired these properties by his own money and, therefore, they were his personal properties. The respondent was his third wife . Hiranand Tewary had no children by his first two wives. Defendants 1 and 2 were born to Hiranand Tewary by the respondent. Hiranand Tewary and the respondent had a third son also, Srinivas Tewary, but he died, while still a minor, a few days after the death of Hiranand Tewary, which took place on 25-7-1944.