RAM SARUP Vs. RAM DEI

JUDGEMENT

(1.) This is an appeal against a decree of the learned District Judge of Shahjahanpur dismissing the plaintiff's suit by which he sought to obtain certain declarations.

(2.) The plaintiff Ram Sarup is grandson of one Balak Ram, deceased, by his daughter Musammat Ram Piari, and the defendants are Musammat Ram Dei. widow of Bahadur Lal, last surviving son of Balak Ram, Musammat Kausila, widow of a predeceased son, and Kanhai Lal, own brother of the appellant. He is a nominal defendant.

(3.) Balak Ram left three sons and three daughters. None of the sons had male issue, but Bahadur Lal, husband of the defendant Ram Dei, loft by her a daughter Kirpa Dei who died in 1896. There has been some previous litigation in this family, in the course of which it has been held in this Court that the family was joint at the death of Bahadur Lal; that as he was the last full owner of the joint property, the defendant Musammat Ram Dei took a widow's life interest in it, and also that an adoption purporting to have been made by Musammat Parbati, widow of one of Balak Ram's sons, was invalid. It is admitted that the appellant Ram Sarup is as a Bandhu the next reversioner to the estate of his maternal uncle Bahadur Lal, expectant on the death of Musammat Ram Dei.