BABOO DOORGA PERSHAD Vs. MUSSUMUT KUNDAN KOOWAR

JUDGEMENT

(1.) THE Appellant in this case is the childless widow of Monsobirt Lass, who was the son of one Showkee Lall, and the Respondents are the descendants of the three sons who, with Showkee Lall, constituted the family of the common ancestor.

(2.) THE family must be presumed to have been originally joint. The suit was brought by the widow, claiming as heiress of her deceased husband his share of the property in question. The family are Agurwallas by caste, but Jains in religion, and as the suit was originally framed she claimed to be entitled to the property of her late husband whether the family was divided or undivided, under the law regulating successions among the Jains. The third and fifth issues settled in the suit raised this question; and the principal Sudder Ameen decided those issues, as well as those upon which the determination of this appeal depends, in favour of the widow.

(3.) IT is an undisputed point in the case, that the members of this family m October, 1851, that is, in the lifetime of Monsohirt Bass, executed an ikrarnamah, and that thereafter, if not before, the property was managed and enjoyed in conformity with the provisions of that instrument.