Judgement

Appeal (No. 35 of 1937) from a decree of the High Court (January 16, 1935) which reversed a decree of the Subordinate Judge of Bulandshahr (October 27, 1930).

Hulas Rai, a separated Hindu, died in 1874. By his will he provided that his widow Sundar Kunwar should have a life estate in all his property and that after her death the property should be divided between his brother and a nephew. His brother and nephew predeceased Sundar Kunwar both issueless. Sundar Kunwar thus obtained an absolute estate to which, on her death in 1914, her daughter Janki succeeded. Janki died in 1918 leaving two sons, Sagar Mal and Kirpa Ram, members of a Hindu joint family. Kirpa Ram died on March 10, 1924, leaving him surviving his widow Ram Kali (the respondent), and Sagar Mal died on March 18, 1924, leaving him surviving his widow Bhagwati (the appellant).

Disputes as to succession to the property inherited by their husbands from their mother, Janki, arose between the widows, which led to litigation in which Bhagwati set up a title to the whole of the property as joint family property to which her husband succeeded as the last survivor, and Ram Kali claimed half the property on the footing