NATHU LAL Vs. BABU RAM

JUDGEMENT

(1.) This is an application by the plaintiffs for leave to appeal to His Majesty in Council from a decree of this Court in a secoiid appeal, which reversed the decrees of the courts below and die-, missed the plaintiffs suit. The application purports to be under Secs.109(c) and 110 of the Civil Procedure Code.

(2.) The facts which have given rise to this application lie within a narrow compass and are these: Ram Sahai, Jai Sukh Ram and Sita Rem were members of a joint Hindu family, which possessed considerable property. On the 17 of April, 1873, Sita Ram separated. Jai Sukh Ram died in 1891, leaving a widow Musammat Jamna and three daughters Musammat Naraini, Musammat Ram Dei and Musammat Mullo. A dispute arose between Musammat Jamna and Ram Sahai, the former claiming that her husband was separate from Ram Sahai and the latter asserting that he died as a member of a joint family with him. The dispute was referred to arbitration and an award was given on the 9 February, 1892, under which the entire 20 biswas zamindari in Mauza Jauharpur alias Rasulpur with Nagla and a plot of land bearing No. 2770 situate in qasba Koil and half of a haveli situate in Gudri were allotted to Musammat Jamna "free from all claims liabilities and debts." The award provided that whenever any one of the parties intended to sell half of the haveli, the co-sharer of the other half would be entitled to preempt. The title-deeds relating to the zamindari of Mouza Jauharpur and of the land in Koil were directed to be handed over to Musammat Jamna. On the 25 of April, 1905, Musammat Jamna executed a deed of gift of the entire property obtained by her under the award to her three daughters under which Musammat Naraini got three annas, Musammat Ram Dai six annas and Musammat Mullo Seven annas. The two sisters, Musammat Naraini and Musammat Ram Dei had been married to two brothers Chiranji Lal and Ram Dayal. Musammat Naraini died in February, 1923, without leaving any issue. Musammat Ram Dei and Ram Dayal are dead. They left a son Nanak Chand. Upon the death of Nanak Chand, the six annas share of Musammat Ram Dai devolved upon Musammat Laraiti, widow of Nanak Chand who is still alive.

(3.) The suit which has given rise to these proceedings relates to the three annas share of Musammat Naraini. Nathu Lal, plaintiff No. 1, is the nephew of Chiranji Lal, husband of Musammat Naraini. He sold a one-third share in the zamindari of Jauharpur to Budh San, plaintiff No. 2. The suit was launched against Babu Ram and three others who are the sons of Musammat Mullo. The plaintiffs claimed to recover possession of a share in the zamindari and the house in Gudri together with mesne profits. The suit was valued at Rs 4,725 with the following details: Value of zamindari Rs. 3,750; value of house Rs. 375 and mesne profits Rs. 600.