SHEO NARAIN Vs. JANKI PARSHAD

JUDGEMENT

(1.) The question referred to the Full Bench is, "whether on a partition between a father and his sons, the grandmother, that is, the mother of the father, gets a share, according to the Mitakshara, as prevailing in these Provinces."

(2.) This question has arisen in a suit brought by the plaintiff, Shiv Narain, against his father, Janki Prasad, and his brother, Bishambhar, who are governed by the Benares School of the Mitakshara for partition of joint ancestral property, and he claimed a third share. His step-mother, Musammat Ram Dei and Musammat Mana, his paternal grandmother, that is, the mother of his father, Janki Prasad, were added as defendants. Both of them claimed shares for themselves. It was urged in the Court below that the grandmother was not entitled to a share, but this contention was overruled. As there is a conflict of authority on the point, it has been referred to us for determination. We may state that the plaintiff s father, Janki Prasad, is the only son of his father, Mangal Sen, and has no brother or nephews, so that this is not a case of partition between the sons and grandsons of Mangal Sen.

(3.) After hearing the arguments addressed to us and considering the authorities placed before us, we are of opinion that the question referred to us must be answered in the negative.