MUSSAMMAT SUNDAR Vs. MUSSAMMAT PARBATI

JUDGEMENT

(1.) IN this case the Subordinate Judge of Saharanpur and the High Court for the North-Western Provinces, though arriving at different results, did not differ as to the facts, which may be shortly stated.

(2.) THE Appellant is the junior and the Respondent the senior widow of Baldeo Sahai, a Hindu zemindar who died "'without issue in the year 1878. The deceased had formerly adopted a boy named Praimsukh, who was his sister's son, and, possibly because he entertained doubts as to the validity of the adoption, he made a will on the 5th of July, 1875, by which, subject to provisions for the maintenance of his mother and of his widows, who are the parties to this suit, he bequeathed his whole estate of every description to Praimsukh," whom I have brought up and educated as my son from his infancy, and have made my heir and successor."

(3.) NO question is raised in this case with respect to the zemindari estates, which are registered in the joint names of the widows, the Respondent, as the senior, being lambardar. A dispute arose between them as to possession of the family residence, gold and silver ornaments, and other articles of value, which they submitted to arbitration, the result being that, on the 15th of July, 1880, the arbiters issued an award, being in substance a decree of partition, in virtue of which each of the widows has since been in possession of her separate share of the subjects then in controversy. In consequence of fresh disagreements this suit was instituted by the Appellant, in May, 1883, for partition and separate possession of house property which does not form part of the zemindari, and also of certain moveable effects which were not included in the arbitration.