RAMJAS Vs. SARTAJI

JUDGEMENT

(1.) The property to which this litigation relates originally belonged to one Guptar, who died leaving his widow Musammat Raj Rani and his daughter Musammat Jaipali. Raj Rani inherited the property as next heir to her husband. On the occasion of the marriage of Jaipali she executed a document by which she transferred her rights in the husband's property, which consisted of a share of zamindari and a house, to her daughter Musammat Jaipali. This she did in the year 1881. Jaipali was in possession for some years when she died. Raj Rani survived her. Jaipali left a daughter Sartaji, who is the defendant in this case. Sartaji has been found to have obtained possession upon the death of Jaipali and to have remained in possession for more than twelve-years.

(2.) The plaintiff Ramjas is the son of Balraj, who was the nephew of Guptar, and is the next reversioner to the estate of Guptar. Musammat Raj Rani died in 1918 and upon her death the present suit was brought by Balraj for recovery of the property from Sartaji.

(3.) The court of first instance decreed the claim, but the lower appellate court dismissed it. That court was of opinion that there was a surrender by Raj Rani of her rights as a Hindu widow, and this amounted to an acceleration of the reversionary rights of Jaipali. Upon Jaipali's death the only person who could claim the property was Balraj, and Balraj not haying brought any claim in respect of this property and Sartaji having been allowed to remain in possession for more than twelve-years, she had acquired an absolute right to the property, and the plaintiff could not recover it.