SATO KOER Vs. GOPAL SAHU

JUDGEMENT

(1.) The present petitioner is the widow of one Narain Ram who died on the 4 April 1907 leaving her as his widow, she being his second wife, and a daughter by his first wife.

(2.) On the 20 April 1907 Gopal Sahu and Sahadeo Ram, brothers of Narain Ram, put in an application under Act XIX of 1841 alleging that they were members of a joint Hindu family under the Mitakshara law with Narain Earn, that on his death all the joint property devolved by survivorship on them as member of the joint family, that the widow had no right to the property, and that the property was in danger of being wasted by her in collusion with her relations. They therefore prayed for an order declaring their title to the property and directing that possession of the same should be delivered to them on their furnishing security in the sum of Rs. 5,000. They also asked for an order that an inventory should be taken. An inventory was taken by the order of the District Judge by his Nazir, and a citation under Section 4 of the Act was issued to the widow.

(3.) The widow appeared and denied the right of the applicants to the property left by her husband. She alleged that it descended fay inheritance to her and her husband's daughter, that her husband was not a member of a joint Hindu family with his brothers, and that he had separated from them some 20 years before his death.