UMAN SHANKAR Vs. MUSAMMAT AISHA KHATUN

JUDGEMENT

(1.) This is a plaintiffs appeal arising out of a suit for recovery of possession as reversioners of Sarjiwan Lal, the alleged last male owner. It was the plaintiffs case that Sarjiwan Lal who was a separated Hindu died many years ago and on his death Musammat Dulari his widow entered into possession of his estate, that she made a transfer of the property in dispute without any legal necessity in the year 191]. to Chait Ram who, in his turn, on the 15 of March, 1917, sold it to the defendant respondent; that Musammat Dulari died within twelve years of the suit and the plaintiffe are entitled to possession.

(2.) On behalf of the contesting defendant it was denied that Dulari's husband Sarjiwan Lal was separate from his other brothers, and it was further pleaded that Musammat Dulari without any right and title had entered into possession and remained in adverse possession for more than twelve years and had acquired title to the property absolutely. It was also pleaded that in any case there was legal necessity for the transfer.

(3.) The learned Subordinate Judge was of opinion that the evidence was insufficient to establish that Sarjiwan Lal had separated from his brothers at the time of his death. He found that Musammat Dulari had entered into adverse possession and that therefore the plaintiffs claim was barred by time. On the question of legal necessity newfound that the defendant had failed to establish it. The suit however was dismissed on the finding that the family had been joint.