BADAL Vs. SARASWATI

JUDGEMENT

(1.) This second appeal arises out of a suit brought by the plaintiffs-appellants as reversioners for the possession of a six-anna zamindari share in the village of Khero, district Jhansi, against one Mt. Saraswati and against certain transferees under transfers made by Mt. Janki, deceased mother of Mt. Saraswati. The plaintiffs case was that the property in question belonged to one Girdhari whose estate was after his death held successively by his widow Durgai and his daughter Mt. Janki, that on the death of Mt. Janki, they became entitled to the estate as reversionary heirs both as against the transferees of Mt. Janki and as against Mt Janki's daughter, Mt. Saraswati, inasmuch as the estate according to Hindu law reverted on the death of Mt. Janki.

(2.) The suit was resisted inter alia on the ground that Girdhari had a cousin Ram Baksh who would be a nearer reversioner than the plaintiffs and whose sons and grandsons, if any would be nearer reversioners. It was maintained that there was no evidence to show that Ram Baksh had died and at any rate that he had died issueless.

(3.) The trial Court held (a) that Ram Baksh died issueless, but (b) that there was no evidence to prove that he predeceased Girdhari. The lower appellate Court upheld the second finding. Consequently both Courts dismissed the suit. In this second appeal it is argued that there was evidence to justify a finding that Ram Baksh predeceased Girdhari, and that in any case, if he was dead without issue at the time of the institution of the suit, the plaintiffs would have a title against Mt. Saraswati as heirs of this Ram Baksh.