JAGATTARA DASSI Vs. DAULATI BEWA

JUDGEMENT

(1.) In this suit the plaintiff, Daulati Bewa, sought to establish her title to an eight-anna share of a raiyati holding by right of inheritance.

(2.) It appears that the holding originally stood in the name of Narandi Sheikh, the plaintiff's father-in-law. On his death, it descended to the plaintiff's husband and to his brother, the defendant No. 1. The name of the latter only was recorded as tenant in the landlord's office. Subsequently, the plaintiff's husband died leaving his widow, a minor son and a daughter. The two children also died; and, under the Mahomedan Law, the plaintiff became entitled, as between herself and her brother-in-law, to a four-anna 11/2 pies share of the holding. Her suit, if it succeeds at all, can only succeed to that extent.

(3.) The only other defendant who need be mentioned is defendant No. 4. She contends that the whole holding was purchased by her at a sale held in execution of a decree for arrears of rent obtained by the landlord of the holding against the recorded tenant .