NAUNIHAL SINGH Vs. PARBATI

JUDGEMENT

(1.) In this case the respondent, Chaudhri Naunihal Singh, the only son of Chaudhri Nirmal Singh, deceased, on the 28 September 1900, instituted in the Court of the Subordinate Judge of Aligarh, a suit in the nature of an ejectment against the appellant, Musammat Parbati, widow of his paternal uncle, Chaudhri Dalip Singh, deceased, to recover possession of the lands fully described in the schedule attached to his plaint and for other relief.

(2.) He based his right to the relief he sought on two alleged facts, (1) that his late father and his late uncle, Dalip Singh were the two male members of a joint Hindu family of which he (the plaintiff) was the surviving male, and (2) that the property which was sought to be recovered belonged to that family jointly.

(3.) The defendant resisted this claim on the ground, among others, that all the joint family property had, by agreement between the then existing members of the family, been partitioned in interest in the year 1801, though not then, and only to a small extent afterwards, partitioned by metes and bounds, and that the land sought to be recovered was the separate property of her husband, Dalip Singh, who died the owner in possession thereof on the 1 February 1899.