Judgment

Mukherjea, J. - This appeal is directed against a judgement and decree of a Division Bench of the Patna High Court dated 2nd March 1949 by which the learned Judges reversed, on appeal, a decision of the Second Additional Subordinate Judge of Saran in Title Suit No. 24 of 1941.

2. The controversy between the parties to the suit centres round only one question of fact viz., whether the plaintiff s father, who died in 1926, was joint with or separate from his nephew, defendant 1, at the time of his death. If he died separate it is not disputed that his properties would devolve by inheritance upon his widow and after the death of the widow would vest in his daughter, who is the plaintiff the suit. If, on the other hand, he died joint, his interest in the joint properties would pass by survivorship to defendant 1, who together with his male descendant constitute a joint Hindu family governed by the Mitakshara law.

3. It may be convenient at the outset to give a brief resume of the material facts as they appear in the pleadings of the parties. Oue Sheo Narain Sah, who was the grandfather of the plaintiff as well as of defendant 1 had three sons; (1) Imrit, (2) Janki and (3) Ram Nar