MT BHAGWAN DEI Vs. SHIB SINGH

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for a declaration of the plaintiff's right in the property detailed in the plaint. The pedigree is printed at p. 22, and shows that Laoti Ram had two sons, Nahar Singh and Saheb Singh. The plaintiff Shib Singh is the son of Saheb Singh. Nahar Singh's widow was Mt. Chaoni, and he left a son Chait Ram. Chait Ram died leaving Bahu Lal as his son. He left a widow Mt. Bhagwan Dei, the defendant appellant.

(2.) The plaintiff's case briefly stated was that Babu Lal and Shib Singh were members of a joint Hindu family when Babu Lal died, and that the names of Mt. Chaoni and Mt. Bhagwan Dei were entered in the revenue papers against the share of Babu Lal for their consolation and to secure payment of their maintenance allowance, but that the plaintiff himself remained in actual possession of the property. The plaintiff complained against the action of the widow in granting a lease, but he did not claim any specific relief with regard to that lease. The actual relief claimed in the suit was one in the following words: It may be declared that the plaintiff is the owner of the property mentioned below and the defendant has no right therein except that of maintenance.

(3.) The contesting defendant took up the position that the family was separate, and that therefore she had entered into the estate of Babu Lal as his widow. She further pleaded that under a family arrangement she was made the owner of the property in her possession, and Shib Singh became the owner of the property allotted to him on the understanding that neither party would have any right of interference or connexion with the property given to the other. An attempt was made to offer an elaborate explanation of the various transactions which had taken place since the death of Babu Lal and might prima facie throw some doubt on the title of the defendant.