CHANDA BIBI Vs. VASONJI MORARJI

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of the North-Western Provinces, Allahabad, dated the 6th February, 1912, whereby a decree of the Subordinate Judge, of Benares, dated the 28th July, 1910, was set aside. The respondent did not appear on the hearing before this Board to support the, Judgment appealed from.

(2.) The suit out of which the appeal has arisen was brought by the respondent against Thakur Vasonji Morarji, a well-to-do merchant of Bombay to recover possession of a certain house in the city of Benares, and also mesne rates.

(3.) The land upon which this house is built was part of the immoveable property inherited by the respondent s father, one Kunj Behari Lal, the last surviving male member of a joint Hindu family, who died on the 6th November, 1890. He left his widow, Musammat Kama Bibi, and the respondent, his daughter by that lady him surviving. He Lad no other issue. One Musammat Phundo Bibi, the widow of Goshain Radha Govind, the paternal uncle of Kunj Behari Lal, was, in and subsequent to the year 1892, entitled to maintenance out of the property so inherited by the latter. By deed, dated the 24th November, 1892, these two widowed ladies jointly conveyed to Thakur Vasonji Morarji some interest in the site of the aforesaid house with the two houses then standing upon it in consideration of the sum of Rs. 10,500.