Judgement

Appeal (No. 60 of 1922) from a decree of the Chief Court of the Punjab (March 23, 1917) reversing a decree of the District Judge of Gurdaspur (November 28, 1912).

The suit was brought by the first appellant in 1910 against the respondents to recover immovable properties which had formerly belonged to her father Jawahar Mal, who died in 1852. The circumstances in which the suit was brought appear from the judgment of the Judicial Committee.

The respondents by their written statement alleged that Jawahar Mal had a posthumous son, Hira Mal, and that they, as heirs to Hira Mal, had a better title than the plaintiff.

The District Judge found upon the evidence that it was not proved that there had ever been a posthumous son. He held that the parties were governed by the ordinary Hindu law, according to which the plaintiff was entitled to inherit her fathers estate upon the death of his widows. He, however, granted the plaintiff a decree for a half only of the property, being of opinion that it would be inequitable to deprive the defendants of the whole property.

On appeal to the Chief Court, the learned judges found that the existence of Hira Mal was established, that he was bo