RAMJI SAHAY Vs. GOPALJI

JUDGEMENT

(1.) This is an Appeal by,the plaintiffs against a decision of the District Judge of Saran reversing, the decision of the Subordinate Judge and dismissing the plaintiffs suit. The plaintiffs claim the properties in dispute as some of the reversioners to the estate of one Bhagwati Saran. There were two brothers Gobind Ram and Ganpat Ram. The plaintiffs and the defendants 2nd party, namely, defendants 3 to 6 are the descendants of Gobind Ram's branch. Ganpat had a son Muktanand, who had three sons Sant Saran, Gurdev Saran and Bhagwati Saran. Bhagwati Saran died in the life-time of his father, leaving a widow Mt. Murat Kuer who died on 8 November 1921.

(2.) The plaintiffs case is that Bhagwati Saran had before his death separated from his father and his two brothers and that the properties in dispute were the properties given to him on such separation and that on his death these properties were inherited by his widow Mt. Murat Kuer and that on her death the plaintiffs as some of the next reversionary heirs to the estate of Bhagwati Saran are entitled to a three-sevenths share of the properties. Murat Kuer had given the properties in dispute to defendant 2 under a deed of gift, dated 2 June, 1919, and the plaintiff's case was that when they went to take possession of the properties they were resisted by defendant 2 Gopalji and by his father Harshankar Narayan defendant 1.

(3.) The plaintiffs asserted that their, share as the reversionary heirs was three- sevenths of the entire properties of Bhagwati Saran and the remaining four- sevenths share belonged to the defendants 3 party. The plaintiffs, therefore, instituted the present suit for declaration of title and recovery of possession. The defence of defendant 2, who was the only contesting defendant, was that Bhatwati Saran died as a member of the joint family; that he had not separated from his father and brothers in his lifetime and that therefore the entire family properties belonged on his death to his father and his brothers Sant Saran and Gurdev Saran; that after the death of Bhagwati Saran, Muktanand the father divided the properties equally between himself and his sons Sant Saran and Gurdeo Saran and that his own one-third share was given by Muktanand to Mt. Murat Kuer and that Murat Kuer continued in possession of the properties as an absolute owner and not as the holder of a Hindu widow's estate and that, therefore, Murat Kuer had power to make a gift of the properties to him the defendant 2, and that the gift of 2 June, 1919, was a valid gift.