RAMASRAY PRASAD CHOUDHARY Vs. RADHIKA DEBI

JUDGEMENT

(1.) This is a suit instituted by Babuyee Radhika Devi, a minor suing by her father-in-law as her next friend, for a declaration that she will be entitled to succeed to the share of her father Ramakant in the suit properties on the death of her mother Parbati and the determination of her widow's estate, on the ground that at the time of his death on December 29. 1918, Ramakant had become separated from his brother Ramasray and his nephew Bindeshwari, defendants Nos. 1 and 2. The High Court at Patna reversing the judgment of the Subordinate Judge of Darbhanga has decreed the suit, and defendants Nos. 1 and 2 have appealed.

(2.) The following genealogical table shows the state of the family.

(3.) The family were wealthy zemindars and money-lenders, and the plaintiff's branch of the family owned an eight annas share of the suit properties, the other eight annas share being owned by the minor Baleshwar who was under the guardianship of his mother Alakrupi. After Ramakant's death his widow Parbati remained for about a year in her husband's family, and then went away to her own family taking with her the plaintiff who was then an infant having been born in October, 1918, and never returned. In 1920 she applied to the Revenue Court for registration of her name in the revenue records as having succeeded to her husband's share in the suit properties; but, owing, it is now alleged, to want of means to prosecute her claim, she entered into a compromise with the defendants by which she accepted in full satisfaction, a maintenance allowance of Rs. 3500 a year and a sum of Rs. 9,000 to be spent on pilgrimages and fasting (sic). It is alleged in the plaint that she was induced to enter into the compromise by fraud and collusion, but no question as to this arises in the present appeal, as it is not contended that the widow's compromise affects the plaintiff's right to the declaration prayed for in the event of her establishing that her father Ramakant had separated from the joint family.