HAR PRASAD Vs. SUKHDEVI KUNWAR

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 pershad, for recovery of her husband s separate estates, 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.) Ramcharan Lal adopted Gur Pershad the son of Anand Behari Lal. The parties arc 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 Pershad, and it is a half share in the estate thus acquired by Gur Pershad that is now in dispute.