B.K.MUKHERJEE, S.MURTAZA FAZAL ALI, H.J.KANIA, N.CHANDRASHEKAR AIYAR
Ram Gopal – Appellant
Versus
Nand Lal – Respondent
Judgment
Mukherjea, J. :- This appeal is directed against an appellate judgment of a D. B. of the Allahabad H. C. dated 6-9-1943, by which the learned Judges reversed a decision of the Civil Judge, Etawah made in O. S. No. 28 of 1936.
2. The suit was one commenced by the pltf., who is resp. 1 in this appeal, for recovery of possession of two items of immovable property-one a residential house & other a shopboth of which are situated in the town of Etawah. The properties admittedly formed part of the estate of one Mangal Sen who died sometime towards the end of the last century, leaving behind him, as his heirs, his two widows Mt. Mithani & Mt. Rani. Mangal Sen had a son named Chhedi Lal & a daughter named Janki Kuar born of his wife Mt. Rani, but both of them died during his lifetime. Chhedi Lal had no issue and he was survived by his widow Mt. Meria, while Janki left a son named Thakur Prasad. Janki s husband married another wife & by her got a son named Babu Ram. On Mangal Sen s death, his properties devolved upon his two widows, & Mt. Rani having died subsequently, Mt. Mithani came to hold the entire estate of her husband in the restricted rights of a Hindu widow. On 27-11-1919, M
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