RATI RAM Vs. SHRI KRISHNA

JUDGEMENT

(1.) This and the connected appeal No. 1135 of 1946, arise out of two connected suits filed by the respondents for possession over certain agricultural plots.

(2.) The original owner of these plots, as also of the zamindari estate to which they appertain, was one Ram Saran Das. This gentleman died sometime ago, leaving two widows, Mt. Basanti as the senior and Mt. Kalawati as the junior widow. The latter died in 1935 and the former in 1942.

(3.) Mt. Kalawati, the junior widow, during her lifetime created a trust of the entire estate of her husband Ram Saran Dae, claiming herself to be the owner of it under a will by Ram Saran Das. Under this trust, Mt Kalawati had appointed Sahu Shiv Shakti Saran and Sahu Raghubir Saran as trustees. The former of these trustees by virtue of his rights under the trust subsequently became the lambardar of the village in which the plots in dispute are situate.