(1) LEAVE granted.

(2) ONE Smt Laijhari Devi, maternal grandmother of the appellant and widow of one Kamla Prasad Singh filed Suit No. 106 of 1941 for partition of the Hindu joint family property. A compromise decree dated 2/5/1942 was made for maintenance, wherein a life estate for residence in a portion of the residential house was provided for her. In 1956, Title Suit No. 100 of 1956 was filed in which Laijhari Devi was impleaded as 15th defendant. It would appear that since one of the issues could not be tried by the civil court, a reference was made to the Revenue court and a finding in that behalf was called for. After its receipt without further notice to her, she was set ex parte, the other contesting coparceners entered into three compromises and a preliminary decree was passed thereon in which the rights secured by Laijhari Devi in her Suit No. 106 of 1941 were not reiterated. The preliminary decree became final. Subsequently, in the final decree proceedings she had appeared and made her objections expressly staling on 30/9/1967 that the life estate of right to residence should be preserved and the same may be separately demarcated. Thus:

"THAT this opp