DATA DIN Vs. MTNOHRA

JUDGEMENT

(1.) This is an appeal by the plaintiffs in a suit for declaration of title to certain zamindari property and for possession in the alternative. The relationship of the parties will appear from the following genealogical table;

(2.) Data Din and Sat Narain claimed to be the members of a joint Hindu family with Ram Sanmukh, husband of Mt. Nohra defendant. They alleged that Ram Sanmukh died in the year 1918 as a member of the joint Hindu family and that they became owners of the property which was recorded in his name by right of survivorship and that the name of Mt. Nohra was recorded in the revenue papers only by way of solatii cause.

(3.) The suit was resisted on the ground that Ram Sanmukh died as a member of a divided family, that upon his death his property devolved upon his widow by right of inheritance, and that the suit was obnoxious to the provisions of Section 233-K, Land Revenue Act.