Judgment

MAHAJAN J. : The dispute in this appeal concerns the zamindari and house properties last owned by Shah Chiranji Lal who died at a young age on the 14th May 1913, leaving him surviving a widow, Mst. Khem Kuer, and his mother Mst. Mohan Kuer, besides a number of collaterals, indicated in the pedigree table below:

2. Mst. Khem Kuer, the young widow of Shah Chiranji Lal was murdered on the 28th August 1919 and Mst. Mohan Kuer, the mother, died on the 5th December 1932. Mst. Prem Kuer, the respondent in the appeal, claiming herself to be the heir to Shah Chiranji Lal as his sister; brought the suit giving rise to this appeal in the Court of the civil judge, Agra, against, amongst others, Mst. Phool Kuer, the present appellant, for recovery of possession of the properties of Shah Chiranji Lal and mesne profits.

3. Mst. Prem Kuer joined her half-sister Mst. Ram Kuer and their sons as plaintiffs along with herself. In the array of defendants were impleaded Mst. Phool Kuer and Mst. Khem Kuer, widows of Shah Jwala Prasad and Shah Madho Lal and his sons and a host of others as transferees of the properties.

4. The main defence to the suit was that Shah Jwala Prasad and Shah Madho Lal