BABU SHEO LOCHUN SINGH Vs. BABU SAHEB SINGH

JUDGEMENT

(1.) THE suit which is the subject of this appeal was brought by the Respondent, who claimed as one of the heirs of Sheodyal, who died in 1827, to recover from the Appellant a third share of the property which had been left by Sheodyal at his death, and to which his two widows, Pranpeari and Rekaba became entitled, and also a third of the properties which had been purchased by the widows with, as he alleged, the income of the property which they inherited. Pranpeari and Rekaba in the first place held the properties jointly, and Pranpeari died in 1870, leaving Rekaba surviving her, and in possession of the whole of the estate.

(2.) IT appears that on the 19th of October, 1875, Rekala executed a deed of Atanama, by which she professed to give to the Appellant, who was the Defendant in the suit, the whole of the property, not only that which came to the widows from Sheodyal, but the properties which had been purchased by them; and it was also alleged that the Defendant had been adopted by the widows with the permission of Sheodyal as his son.

(3.) THEIR Lordships have been referred by Mr. Branson to the different parts of the evidence which he considered bore upon the question whether the properties were purchased by the widows out of the income of the descended property, and whether their intention was to keep those properties distinct. Certainly the evidence is not such as would shew that the High Court in coming to the conclusion they did were not quite justified by it.