MT BETI Vs. SIKHDAR SINGH

JUDGEMENT

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

(2.) The plaintiffs are the daughters of one Madho Singh and their case was, that Madho Singh was the sole owner of the property in dispute and died as a separated Hindu, in 1888, and on his death his widow, the mother of the plaintiffs became entitled to the property in dispute by right of inheritance, but the ancestors of the defendants, who were the collaterals of Madho Singh, by exercising undue influence on the mother of the plaintiffs, persuaded her to enter into a compromise, by virtue of which she surrendered possession of the property in dispute to those collaterals on being allowed to remain in possession of the sir land appertaining to the zemindari share that belonged to Madho Singh. The plaintiffs impugned the validity of the compromise and maintained that compromise was ineffectual to adversely affect their rights to the property in dispute, that came into existence on the death of their mother.

(3.) The defence to the suit was that the family of Madho Singh and of his uncles Ram Bakhsh Singh and Bhawani Singh was a joint Hindu family, and the property in dispute along with other properties was the joint property of that family, and on Madho Singh's death the property in dispute passed by right of survivorship to the surviving members of that family. The allegation of the plaintiffs as regards the exercise of undue influence by the then collaterals of Madho Singh was also denied by the defendants. The finding of both the Courts below on this point is in favour of the defendants, and that finding must be accepted in second appeal.