Judgment

SHAH, J. : Musamut Chando Kuer, widow of Babuji, instituted a suit on April 23, 1949 in the Court of the Subordinate Judge, Darbhanga, against the collaterals of her husband for a decree for partition and separate possession of a half share in the properties described in Schs. A to E and a fourth share in Sch. F annexed to the plaint. It was the case of Chando Kuer that her husband Babuji separated in 1934 from the coparcenary of which he was a member and on his death on October 28, 1937 his share in the family property devolved upon her, but the defendants failed and neglected to divide the estate and deliver to her the share inherited by her. The suit was resisted by the collaterals of Babuji. Chando Kuer died on March 9,1951, and her daughters Subujpari and Sujan Devi (hereinafter collectively called the appellants ) were brought on the record of the suit as her heirs and legal representatives.

2. Being of the opinion that the plea of separation of Babuji from the coparcenary in 1934 was not established, and that the interest of Babuji in the coparcenary property devolved upon the surviving coparceners, the Trial Court dismissed the suit. In appeal, the High Court of Jud