Judgement

Appeal (No. 3 of 1943) from a decree of the Chief Court of Oudh (February 27, 1940), which reversed a decree of the Civil Judge, Sitapur (September 30, 1936) and decreed the plaintiffs (respondents) suit.

The following facts are taken from the judgment of the Judicial Committee The appellant before the Board was the second defendant in the suit, the surviving widow of one Mathura Singh, deceased. The first and the only other defendant, her co-widow, did not join the appellant in filing this appeal. She was therefore made the third respondent. During the pendency of the appeal she died, and her name was removed, and the appellant was made her heir and legal representative by the order of the Chief Court. The deceased husband of respondent No. 1, and respondent No. 2, were the original plaintiffs in the suit. They will be referred to as the respondents. The relationship of the parties to the suit is shown in the following genealogical table—

Bakhtawar Singh

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Raghubar Ram Dayal Ram Sahai = Raj Kuer

(d. between 1874 and 1889) (d. 1899) (d. about 1886) (d.)

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Sheo Singh =Mst.Bittan Maharaj Mathura = Mst. Suraj Mst.

(d.17.12.20) Kuer Kuer (d. 11.12.34) Ku