Judgment

BACHAWAT, J. : One Ramyad Singh was a member of a joint family and had eight annas interest in the joint family properties. He was a Hindu governed by the Mitakshara school of Hindu law. He died issueless, leaving his widow, Mst. Bhagwano Kunwar. The date of his death is in dispute. After his death, Bhagwano Kunwar filed the present suit for partition of the joint family properties claiming eight annas share therein. She contended that Ramyad Singh died in 1939 after the passing of the Hindu Women s Rights to Property Act, 1937, and she was entitled to maintain the suit for partition. The defendants contended that Ramyad Singh died in 1936 before the passing of the Act and she was entitled to maintenance only. The trial Court accepted the plaintiff s contention and decreed the suit. The defendants filed two separate appeals to the High Court. On December 15, 1958, Bhagwano Kunwar died. The High Court passed orders substituting one Ram Gulam Singh in her place. Later, the High Court recalled these orders, as it was conceded that Ram Gulam Singh was not her legal representative. By a deed dated March 14, 1958, Bhagwano Kunwar had sold lands measuring l bigha 5 kathas to the a