Judgment

S. J. IMAM, J. : This is an appeal against the decision of the Nagpur High Court partly reversing the decision of the Extra Subordinate Judge, First Class, Bilaspur. The decree of the trial court concerning houses Nos. 2 and 3 was affirmed by the High Court.

2. One Mst. Jotkunwar executed a document in 1906 in favour of her daughter Jira Bai and the sons of Jira Bai, Brindaban, Mathura Prasad and Nankaiya, transferring to them the properties mentioned in the document. Thus Jira Bai and her three sons had four annas share each in the said properties. Mst. Jotkunwar, however, reserved to herself cultivating rights in sir lands consisting of 91.5 acres. Nankaiya died in 1909 and on his death his share was recorded in the names of Jira Bai and her two sons Brindaban and Mathura Prasad. In the month of November, 1918 both Brindaban and Mathura Prasad died. Mathura Prasad was unmarried and Brindaban left a widow, Mst. Ramdulari. The interest of Mathura Prasad was mutated in favour of Padumnath, husband of Jira Bai, and that of Brindaban in favour of his widow, Ramdulari. The property thus came to be divided into three shares - 1/3 each to Jira Bai, Padumnath and Ramdulari. Jira Ba