INDARPAL SINGH Vs. MTHUMANGI DEVI

JUDGEMENT

(1.) This is the defendants appeal from the decree, dated 17 April 1944, passed by the Civil Judge of Sitapur decreeing the plaintiffs suit for possession over the properties in suit.

(2.) The following pedigree will explain the facts:

(3.) The property which is the subject-matter of dispute and is entered in lists (a) and (b) attached to the plaint belonged to Drigbijai Singh who died issueless on 1 November 1906, leaving a widow, Mt. Raj Kuar. According to the plaintiffs case she came into possession of the villages entered in list (a) as a Hindu widow and the villages entered in list (B) as an absolute owner. Drigbijai Singh had a real sister whose name is not known. She had predeceased Raj Kuar. Plaintiff l is her only son. Raj Kuar died on 24 December 1931, and plaintiff l alleged that he succeeded as a sole heir of the entire property left by Drigbijai Singh and Raj Kuar. The defendants got mutation effected in their names and took wrongful possession. Plaintiff l transferred a portion of the property in favour of plaintiffs 2 to 5 who were joined as co-plaintiffs. The plaintiffs accordingly prayed for a decree for possession of property in lists (a) and (b). They also claimed mesne profits.