DEO KUAR Vs. MAN KUAR

JUDGEMENT

(1.) THIS is a family dispute. The defendant, who is the present respondent, has "been placed in possession of half the family property, and the plaintiff, who is appellant, and who is in possession of the other half, claims the whole. The family whose property is in question were Gujrati Bahias, who some time back migrated from Baroda to Banda, but retained some property in Baroda, and had relatives there. They were a joint Hindu family subject to the law of the Mitakshara. In the year 1868 Pransukh Ram, the then head of the family, died at Banda. He left surviving him his widow Jarao Bai, and one son Uttam Ram, and two daughters. He had another son Ganga Ram, who predeceased him, leaving no issue. Uttam Ram, who took the whole inheritance, died on the 30th October 1875, leaving no male issue. The plaintiff is his widow. The defendant is the widow of Ganga Ram.

(2.) THERE is now no question but that on Uttam Ram's death the whole inheritance devolved on the plaintiff. She then thought she was pregnant and might have a son, but those hopes were delusive. In this suit it has been contended that the defendant was entitled to share in the inheritance on the ground of some local or caste custom applying to the family; but it has been found that there is no such custom, and there is no evidence that the plaintiff's right to inherit was ever seriously brought into question prior to this suit.

(3.) THE first transaction is an application by Jarao, the widow of Pransukh and the mother of Uttam, made on the 20th December 1875, to have her name substituted for that of her son in the settlement records. The evidence of proceedings on this application is contained in the recitals to an order dated the 25th November 1876, relating to the lambardarship of one of Uttam's mauzas.