SUKHDEVI KUNWAR Vs. HAR PRASAD

JUDGEMENT

(1.) This is a defendant s appeal arising out of a suit for possession brought by the widow of the defendant s deceased brother, Ganga Prasad, for recovery of her husband s separate estate plus mesne profits. The court below decreed the claim. The following genealogical tree will assist the understanding of the case. It is not a complete tree of the whole family of Rai Chote Lal, but is sufficient for the case.

(2.) Ram Charan Lal adopted Gur Prasad, the son of Anand Behari Lal. The parties are Kayasths by caste.

(3.) It is common ground that a dispute having arisen between Ram Charan and his adopted son, there was a partition and a half share of the former s property was handed over to Gur Prasad, and it is a half share in the estate thus acquired by Gur Prasad that is now in dispute.