BUDHU Vs. UDEYRAM

JUDGEMENT

(1.) This appeal must fail on several grounds.

(2.) It appears that one Kanahia had three sons Byikkan, Ghasi and Bhola. The three brothers who were Jats by caste, owned jointly an occupancy holding. Bhola died leaving behind him a widow by karao marriage, Sis Kunwar. Udey Ram the plaintiff in the suit out of which this appeal has arisen, was Sis Kunwar's son, even if he was not a son of Bhola.

(3.) When Bhola died some time about 1912 or 1913, his brother Bhikkan's sons, the present appellants, were both minors. One of them is still a minor. On the death of Bhola, Ghasi and Sis Kunwar each applied for mutation of names in the revenue records. A compromise was arrived at, An application was made to the revenue Court that. Sis Kunwar's name should be recorded with respect to a third share in Bhola's place. On the same date a registered agreement was drawn up, to which Sis Kunwar and Ghasi were parties. Ghasi purported to act for himself and his nephews, though he did not say so in the opening portion of the document. It was agreed and settled that during her lifetime or till her remarriage, if she remarried, Sis Kunwar should be in possession of the third share of Bhola. On the death or remarriage of Sis Kunwar, Udey Ram would get a third share in this one- third share of Bhola and the remaining two-thirds share in the aforesaid one-third share would be taken, in equal shares, by Ghasi and his nephews, the sons of Bhikkan.