LAWS(PVC)-1913-7-18

NET RAM SINGH Vs. MUSAMMAT TURSA KUNWAR

Decided On July 18, 1913
NET RAM SINGH Appellant
V/S
MUSAMMAT TURSA KUNWAR Respondents

JUDGEMENT

(1.) The suit, which has given rise to this appeal, was brought by the plaintiffs in the Court of the Subordinate Judge of Aligarh, to obtain a declaration that, as members of a joint undivided Hindu family, they became entitled by right of survivorship to the shares of their half-brother, Chhiddu Sing, in the properties mentioned in the schedule to plaint, upon his death in 1907. The plaintiffs and Chhiddu Sing are the sons by different mothers of one Narayan Sing, who died in 1879. They allege that after their father s death the family continued joint during the whole of Chhiddu s lifetime, and that in 1907, after Chhiddu s death, his widow, Tursa Kunwar, the defendant to the present action, obtained -,, from the Revenue Courts an order to have her name recorded in the Collector s Register as proprietor in place of his deceased husband.

(2.) The defendant, Tursa Kunwar, contested the claim on the ground that her husband was at the time of his death separate from his brothers, and that consequently his share in the several properties had rightly devolved on her. In support of her contention she relied mainly on a number of documents consisting chiefly of entries in revenue records and mortgage deeds separately executed by the brothers.

(3.) The Subordinate Judge, upon a review of the evidence, was of opinion that the plaintiffs had established their allegation, and accordingly decreed their claim. On appeal, the High Court of Allahabad has taken a different view. It has held in effect that whatever might have been the position among the plaintiffs inter se, the evidence and inferences from facts proved, left no room for doubt that at the time of his death Chhiddu was separate from his brothers. The learned Judges accordingly varied the decree of the Subordinate Judge and dismissed the plaintiffs suit, save as regards one village, with respect to which they agreed with the lower Court.