BAHADUR SINGH Vs. MUSAMMAT MOHNI KOER

JUDGEMENT

(1.) The dispute in this appeal relates to a one-third share of the village Sewai Raghunathpur. An application was made by the defendant-respondent for a partition of that share in the Revenue Court. It was opposed by the plaintiffs, who own another one-third share in the same village. Their contention was that the defendant held only a life-interest therein and was entitled to get the profits of that share for her life but was not entitled to claim a partition.

(2.) The Revenue Court directed the objectors to get the Question of proprietary title determined by the Civil Court and the present suit was consequently filed by them for a declaration that the defendant had only a life interest in the disputed property and was not entitled to claim a partition. The Court below found against them and dismissed the suit.

(3.) The entire two-thirds share belonged originally to Bisheshar Nath, the father of the defendant respondent. On the 19 March 1888 he executed a Will, by virtue of which he devised his entire property in favour of his nephew, Parmanand, with the exception of certain interests, which he had reserved in favour of his wife, Musammat Champa Kuer, and his daughter, Musammat Mohini Kuer, and another person named Bhagga Lal. Musammat Champa Kuer, and Musammat Mohini Kuer were allowed the said two-thirds share in the village Sawai Raghunathpur in equal parts with full power to realize and enjoy the profits of their respective shares in any way they liked but they were not given any authority to make a transfer of the property bequeathed to them. On the death of Mumammat Champa Kuer, her share was to devolve on Parmanand or his sons and heirs and on the death of Musammat Mohini Kuer, the share given to her was to devolve on her own sons or grand-sons, if any, or if she had no mela issue or grand-sons, on Parmanand or his sons and heirs. On the death of Bisbeshar Nath, the names of Musammat Champa Kuer and Musammat Mohini Kuer were enter in the revenue papers. On the death of Musammat Champa Kuer, her share devolved on Hanuman Prasad, the son of Parmanand, and is now in the possession of the plaintiffs.