Judgement

RAMASWAMI, J. :- This appeal is brought, by special leave from the judgment of the High Court of Madhya Pradesh Jabalpur dated November 8, 1963 in second Appeal No .569 of 1960.

2. Respondents Nos. 1 and 3, Hemkumar and Dinmani and appellant No. 1 Siromani are the sons of late Dharam Singh Agharia. Appellant No. 2 Mst. Subhagwati is the second wife of Dharam Singh and the mother of appellant No. 10 Mst. Jampalhin, the mother of respondents l and 3 died before Dharam Singh married appellant No 2. The relationship of the parties will appear from the following pedigree :

3. It is not disputed that the parties are governed by the Benaras School of Hindu Law. It appears that Dharam Singh was murdered in 1940 and his son Hemkumar was involved as an accused but he was acquitted in that case. Mst. Subhagwati, appellant No. 2 appeared as a prosecution witness in the murder case and deposed against Hemkumar. At the time of his death, Dharam Singh had left 102.28 acres of ryoti land in village Tilgi and 16.56 acres of ryoti land at village Supaka and also some house properties Appellants 1 and 2 instituted C. S. No 43-A of 1956 in the court of the Civil Judge, First Class, Raigarh clai