KUNWAR PURAN SINGH Vs. MUSAMMAT BAHAL KUNWAR

JUDGEMENT

(1.) There was a first appeal pending before this Court by Kunwar Puran Singh and Nitrapal Singh, plaintiffs, against defendants, Musammat Bahal Kunwar and Musammat Javitri Kunwar. These persons are related as follows:

(2.) The plaintiffs sued for declaration that they were owners in possession by right of survivorship of the whole of the property of Narain Singh alleging that Narain Singh and the plaintiffs had formed a joint Hindu family. The defendants resisted the suit on the ground that Narain Singh died as a separated Hindu. This suit was brought in 1925 On 8 February, 1926, the plaintiff No. 2 and mukhtari-am of plaintiff No. 1 and mukhtar i am of Musammat Javitri Kunwar made an application in Court asking for the names of the plaintiffs to be recorded in place of Musammat Javitri Kunwar over her share of the property of Narain Singh and stating that in lieu of a payment of Rs. 180 every six months from the plaintiffs to her she agreed that she would have no right of ownership or possession in the disputed property. On 17 February 1926, Musammat Javitri Kunwar applied to cancel the said compromise on the ground that it was made by her mukhtar-i-am without her consent or permission That application was rejected. But the learned Subordinate Judge held that the compromise did not amount to an alienation by Musammat Javitri Kunwar of her right as a widow in the estate of Narain Singh in favour of the plaintiffs He further added: "This may, at the best be treated as a surrender, sufficient to effect a valid acceleration of her estate. In that view of the case the other co-widow would succeed to that estate by right of survivorship." This is a proposition of law to which we do not agree.

(3.) The Subordinate Judge dismissed the suit of the plaintiffs holding that the family was not joint and that Narain Singh died as a separated Hindu, and that the widows had a right to hold as Hindu widows for their lifetime.