Judgement

In this appeal, the suit was brought in the Court of the Principal Sudder Ameen of Benares, by the Respondent, as the sole surviving Widow and heiress-at-law of Rae Deenanath, a Hindoo inhabitant of Benares, who had died childless, against the Appellant personally, and as guardian of his Son, Kaloo Ram, a Minor, to recover possession of a moiety of the self-acquired movable and immovable estate of Rae Deenanath, which had been in possession of Doola Baee, then deceased, the other Widow and co-heiress of Rae Deenanath; and to set aside a testamentary disposition of Doola Baee, whereby she gave the moiety of the estate she was in possession of to the Appellant, Bhugwandeen Doobey, her Father, and Kaloo Ram, her Brother; and also to render inoperative an Order made in a Miscellaneous suit, under Act, No. XIX of 1841, which upheld the possession of the Appellant in the moiety given by the Will of Doola Baee.

The question raised by the suit was, whether by the Western School of Hindoo Law, prevalent in Benares, where the estate was situate, where there were two Widows, co-heiresses-at-law and representatives of a deceased Hindoo resident of Benares, each of whom had on his dea