TARIF Vs. PHOOL SINGH

JUDGEMENT

(1.) This is a plaintiffs appeal and arises out of a suit for possession of certain zemindari property.

(2.) The property in dispute admittedly belonged to two brothers Badan and Jhanda who were Jats in equal share. Badan died about 50 years prior to the institution of the suit, and was succeeded by his widow Bahalo, who entered into possession of the property of Badan. Within few years of the death of Badan, Bahalo re-married one Khubi. Jahanda remained in possession of his share till the year 1906, in which year he sold his share to one Bhopal and the latter in his turn sold the same to Mt. Bahalo on the 12 of June 1907. Notwithstanding her remarriage, Bahalo remained in possession of Badan's property in her lifetime. Mt. Bahalo died on the 23 of February 1910, leaving a daughter Mt. Sis Kunwar by Khubi who obtained mutation of the name over the entire property in dispute. Sis Kunwar sold the property to Defendant No. 1 and the predecessor of Defendants Nos. 2 to 4, On the l6 of February 1918. The plaintiffs, on the other hand, secured a sale-deed of the entire property in dispute from Jhanda on the 20 of October 1921.

(3.) The plaintiffs case was that Mt. Bahalo remained in possession of Badan's share as a Hindu widow and on her death Jhanda, who survived Bahalo, became entitled to the share of Badan. As regards the property of Jhanda purchased by Mt. Bahalo from Bhopal, the plaintiffs maintained that Bahalo having purchased that property with the income of her husband's property, that property partook of the same nature as the property of Badan of which she was in possession as a widow, and as such she had no interest in the property of Jhanda higher than that of a widow, and on her death, Jhanda also became entitled to that share. The plaintiff alleged that Sis Kunwar had no interest in the property in dispute and as such no title passed to the defendants by the sale made by her on the 16 of February 1918.