LIKHMI CHAND Vs. SUKHDEVI

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs whose suit for grant of some reliefs in respect of a 'nohra' and a 'haveli' situated at Bidasar was dismissed by the Senior Civil judge, Churn.

(2.) THE findings of fact arrived at by the trial Court are not disputed before us. The only question for determination before us is a pure question of law. The facts necessary for the decision of the question are these: One Askaran had a son bhikamchand who died in his life-time leaving a widow Smt. Sukhdevi. Bhikamchand left a daughter Kan Kanwari who was not implead-ed as a party to this suit. Askaran was separate from his brother Dhanraj but Askaran and bhikamchand constituted a joint Hindu family. On the death of Bhikamchand his coparcenary interest in the joint family property went to Askaran by survivorship. Smt. Sukhdevi had only a right of residence and maintenance in the joint family properties.

(3.) ON 7-2-1928 Askaran executed a will in favour of his nephew Johrimal bequeathing all his properties on him. In view of this Smt. Sukhdevi asked for separate provision, to be made for her maintenance and residence. It may be stated here that Bhikamchand was living with Askaran in the family dwelling house at Bidasar with his wife. After his death Smt. Sukhdevi continued to live in the same family dwelling house in which her father-in-law was living.